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 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
March 16, 2010 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
The Hot Springs Board of County Commissioners met in regular session on Tuesday, March 16, 2010, at
4:00 p.m. in the Commissioners’ Room at the Government Annex. Present were Commissioners Brad W. Basse and John P. Lumley. Also present were County Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant Penny Herdt. Chairman John P. Lumley led those present in the Pledge of Allegiance. Chairman Lumley suspended Roberts Rules of Order to enable business to be conducted in the absence of Commissioner Manning due to illness. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Approval of Agenda | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Brad W. Basse moved to approve the agenda with the following additions: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
ADD: | Other Business | 7. Consider Lane 3 SLIB Grant Resolution #2010-02 8. Road & Bridge Superintendent Selection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Executive Session | Potential Real Estate Purchase | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
John P. Lumley seconded the motion. Motion carried. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Appoint Land Use Planning Board Member
Clerk Odde reported that he had received no response to the advertisements for the Land Use Planning
Board opening created by the passing of Carl Lawson. The Commissioners agreed that this position is
important to the functioning of the LUP Board and asked Clerk Odde to re-advertise the position in hopes
of filling it within the next month. | Appoint Natural Resources Planning Committee Member
| Clerk Odde presented an application from Chuck Carver received in response to advertising for NRPC
members. Brad W. Basse moved to appoint Mr. Carver to a first-time, 3-year position on the Natural
Resources Planning Board. John P. Lumley seconded the motion. Motion carried. | HSC Memorial Hospital Foundation Funds Request
| Hospital Foundation representatives Bev Koerwitz, Karen Sinclair and Patty Jeunehomme appeared
before the Commissioners to ask for consideration for endowment funds during the upcoming budget
process. The Foundation receives a dollar-for-dollar match from the State for any funds donated to their
endowment. They are currently $59,707.00 short of the maximum amount eligible for matching funds.
The Foundation members indicated that, although the matching funds program runs through 2012, funds
are being disbursed on a first-come, first-served basis, and the available funding is expected to be
depleted well before the expiration of the program. The Commissioners thanked the Foundation for their
presentation and asked them to remain involved in the budget process. No formal action was taken at
this time. | BLM Comment Request – Geothermal Energy Development
| BLM Representative Carla Bird appeared before the Commissioners to discuss the upcoming release of
the draft Big Horn Basin Resource Management Plan, and ask what particular comments the
Commissioners might wish to have included in that draft regarding geothermal energy development in Hot
Springs County. The primary issue is whether or not the area in and around the Hot Springs should be
available for geothermal energy development. A final plan will not be issued until 2012, but the final day
for submission of comments to be considered for the draft RMP is today, March 16, 2010. Brad W. Basse
moved that the County’s official recommendation regarding geothermal protection zones be prohibition of
any geothermal exploration and development within a five-mile radius of the Big Spring. John P. Lumley
seconded the motion. Discussion: Commissioner Basse clarified that this recommendation would not
apply to current oil and gas development within the proposed 5-mile radius of the Big Spring. Motion
carried. | 1
Ms. Bird then asked the Commissioners whether they had any specific comments for the Draft RMP relating to oil and gas exploration in the County. Planner Lee Campbell presented a draft letter addressing recommendations for Special Management Areas for energy development in Hot Springs County, specifically the Grass Creek Fieldwide Unit, as well as other SMA’s not yet identified. Ms. Bird was given a copy of the letter with the understanding that it is an unofficial draft, and the Commissioners will review it and let her know of any changes by the end of the week. VOA-OJJDP Grant Application Approval
| Youth Alternatives Director Bob Wyss presented the VOA-OJJDP Grant Application for the
Commissioners’ approval. This is a one-year grant in the amount of $23,370.00 for the period 10/01/10 –
09/30/11. County Attorney Jerry Williams has reviewed the application and has no major concerns with it.
Brad W. Basse moved to approve the VOA-OJJDP Non-Participating Grant Application in the amount of
$23,370.00, for the period 10/01/10 – 09/30/11. John P. Lumley seconded the motion. Motion carried. | Sandra Baker – Campaign Issues
| Local attorney Sandra Baker appeared before the Commissioners to check on the status of the resolution
setting the County & Prosecuting Attorney’s position as full-time or part-time for the upcoming term.
Chairman Lumley indicated that the resolution may be taken up at the April 20th Commissioners Meeting. | Public Hearing – McClintock Land Use Change
| Chairman Lumley declared the Public Hearing for the McClintock Land Use Change open at 5:19 p.m.
Present for the hearing were Planner Lee Campbell, Bob Wyss, representing Pat McClintock, Mr. and
Mrs. Rocky McClintock, Jim and Dolly Daniels, Connie Hart, and other members of the public. Planner
Campbell read the Land Use Planning Board’s letter of recommendation into the record. The LUP Board
sent the land use change request to the Commissioners with a “Do Pass” recommendation. Since the
initial public hearing with the LUP Board, some items affecting the recommendation have come to light.
The three neighboring properties, which were assumed to be zoned residential, are actually zoned for
commercial use. The Cemetery District turned out to be the owner of Lane 1, so an Easement and Right-
Of-Way have been obtained by Pat McClintock from the Cemetery District benefitting the property in
question. Mr. Wyss advised the Commissioners that all requirements set forth by the County for a land
use change have been met. Regarding parking issues, Mr. Wyss stated that parking will be provided in
accordance with Chapter 8 of the County’s Land Use Plan. Neighboring land owners Jim and Dolly
McDaniels presented photos and information in support of their objections to granting of the land use
change, along with a letter from Pat McClintock stating her reasons for asking for the change. County
Attorney Jerry Williams discussed the uniqueness of the situation in that the access road is privately
owned and McClintock’s have received an easement and right-of-way from the owner. Rocky McClintock
spoke in favor of the land use change, pointing out that the McClintock property is the only one in the
area classified as residential at this time – all others are already classified as commercial. Planner
Campbell presented the scoring matrix used in conjunction with the Land Use Plan to determine the
suitability of proposed changes. County Attorney Williams indicated that, as the matrix score was positive
in favor of the change, County policy dictates that the change be granted as requested. After three final
calls for further comment, receiving none, Chairman Lumley declared the hearing closed at 6:00 p.m.
Brad W. Basse moved approval for the land use change from residential to commercial use for the
McClintock property. John P. Lumley seconded the motion. Motion carried. | Other Business
| Hospital SLIB Funds Re-Allocation Request - Clerk Odde presented a letter to Rob Tompkins with the
State Land & Investments Board for the Commissioners’ signature. The letter requests reallocation of
$22,500.00 in leftover SLIB funds from the Hospital roof project to the Government Annex project. A
letter of consent to this reallocation has been received from the Hospital Board, and a letter of consent is
anticipated from the Town of Thermopolis. These letters will be attached to the request for reallocation
letter to Mr. Tompkins. Brad W. Basse moved to approve the letter requesting reallocation of $22,500.00
in leftover SLIB funds from the Hospital roof project to the Government Annex project. John P. Lumley
seconded the motion. Motion carried. | Certificate of State Grant-In-Aid for Airport Fly-In/Airshow - Clerk Odde presented the grant certificate from the WYDOT-Aeronautics Division providing 100% reimbursement of qualifying expenses up to $5,000.00 for the 2010 Airport Fly-In/Airshow. Brad W. Basse moved to approve the Certificate of State Grant-In-Aid between Hot Springs County and WYDOT-Aeronautics Division for State Project THP- 2
12X/State Grant 2726 up to the amount of $5,000.00. John P. Lumley seconded the motion. Motion carried. Request For Proposals - County Health Insurance - Clerk Odde reported that he did not have the RFP in hand yet. The County’s insurance consultant, Brad Johnson, has indicated that it will be ready later this week. In order to expedite the process, Clerk Odde asked the Commissioners for the latitude to review and disseminate the RFP when it is received, and to accept submissions from prospective providers for the Commissioners’ review. Brad W. Basse moved to authorize Clerk Odde to review and disseminate the RFP for County Health Insurance when it is received from Mr. Johnson. John P. Lumley seconded the motion. Motion carried. Government Annex Landscaping Issues - Clerk Odde indicated that landscaping for the Government Annex was originally designated as an alternate. In the final plan, the alternates were not included. However, the contractor says there is enough money left over in the General Condition” account to complete the landscaping, if the Commissioners so desire. After discussion, the Commissioners decided to delay any decision pending further review of the plans and discussion with Groathouse representatives. Revocable License Agreement with the Town of Thermopolis - Government Annex Sign – Clerk Odde presented a Revocable License Agreement application to the Town of Thermopolis for the Government Annex sign, which ended up in the Town’s right-of-way after being relocated at the Town’s suggestion. Brad W. Basse moved to approve the Revocable License Agreement application for the Government Annex sign for signature. John P. Lumley seconded the motion. Motion carried. Consider Designation of Land Use Planning Board Secretary - Clerk Odde outlined the new legislation passed this session allowing the Commissioners to designate any one of a number of different individuals as the Land Use Planning Board Secretary. Previous to this legislation being passed, the Commissioners were required to appoint the County Clerk as the secretary to the Land Use Planning Board. Clerk Odde suggested that the Commissioners might wish to designate someone else as the LUP Board secretary at this time. After considerable discussion, Brad W. Basse moved to designate a member of the LUP Board as the LUP Board Secretary, with said member being chosen by the LUP Board. John P. Lumley seconded the motion. Motion carried. Lane 3 Project Funding - Clerk Odde presented for the Commissioners’ approval Resolution #2010-02 as follows:
John P. Lumley, Chairman
Frank T. Manning Brad W. Basse Attest Hans Odde, Hot Springs County Clerk 3 This resolution will allow the County to proceed with an application for Federal Mineral Royalty Grant funds to assist with the proposed Lane 3 Improvements project. Clerk Odde also presented the Federal Mineral Royalty Grant application and cover letter for the Commissioners’ consideration. After some discussion with Planner Campbell and consultant Harry Hughes regarding the status of the project, Brad W. Basse moved to approve Resolution #2010-02 authorizing submission of the Federal Mineral Royalty Capital Construction Account Grant application to the State Loan and Investment Board in the amount of $500,000.00. John P. Lumley seconded the motion. Motion carried. Appoint Road & Bridge Superintendent - Commissioner Basse reviewed the application and interview process which the County has conducted in its search to replace recently retired Road & Bridge Superintendent Jim Skelton. Three applicants were selected for interview – one withdrew his name from consideration during the interview process. Brad W. Basse moved to appoint Ray Shaffer as the new Road & Bridge Superintendent for Hot Springs County, effective immediately. John P. Lumley seconded the motion. Motion carried. Letters will be sent to the interviewees. The Chairman will conduct phone calls after the meeting to inform the candidates of the selection. Correspondence
| Lodging Tax Board MinutesIn the interest of time, the Commissioners agreed to review the foregoing correspondence items at their leisure. No action was required at this time. Executive Session
| At 6:33 p.m., Brad W. Basse moved to enter Executive Session for reasons of Potential Land Acquisition.
John P. Lumley seconded the motion. Motion carried. At 6:41 p.m., Brad W. Basse moved to exit
Executive Session. John P. Lumley seconded the motion. Motion carried. No action was taken during
the Executive Session. Brad W. Basse moved to authorize Chairman Lumley to negotiate a real estate
purchase offer on behalf of the County. John P. Lumley seconded the motion. Motion carried. | Adjournment
| There being no further business to come before the Board of County Commissioners at this time Brad W.
Basse moved to adjourn the meeting at 6:43 p.m. John P. Lumley seconded the motion. Motion carried. | Attest: | John P. Lumley, Chairman | | Hans Odde, Clerk to the Board | 4 | |