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 |
| January 18, 2011 | ||
| The Hot Springs Board of County Commissioners met in regular session on Tuesday, January 18, 2011
at 9:00 a.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: DELETE:Bree Gerber3. Potential Future Nurse Position ADD:Ray Shaffer3. Discuss Potential Crushing Project Mike Baker seconded the motion. Motion carried. Fuel System Issues Superintendent Marty Kobza and School Business Manager Lisa Pearce appeared before the Commissioners to discuss repair/replacement of the fuel system shared with the school district. The school district has been responsible for maintenance of the system in the past. The system is thirty years old and is becoming increasingly prone to breakdown and data losses that are difficult to repair. Ms. Pearce provided historical utilization figures showing an approximate 60:40 County (and other governmental entities): School District utilization split. Ownership of the system is somewhat unclear, so allocation of the cost of repairs/replacement would be based roughly on the utilization ratio. At this point, the options are to continue to use the system until it breaks down completely and irreparably and then abandon it, or replace the system. Road & Bridge Supervisor Ray Shaffer indicated that it would be very difficult for his department if the system was abandoned and the heavy equipment had to be fueled at one of the local service stations. The school district is not looking specifically to abandon the system, but will require financial help from the county to replace it. Ms. Pearce presented a quote from NW Fuel Systems indicating the cost of a new system to be roughly $17,618.00 to $26,487.00. The Commissioners asked Clerk Odde to set up a meeting in the next couple of weeks with Marvin Nielsen, Lisa Pearce, Phil Miller and Ray Shaffer to discuss options for replacement of the system prior to the beginning of the budget process for the next fiscal year. Clerk Odde will report back to the Commissioners at their next meeting on February 1st . Airport Hangar Repair Ray Arey gave a report to the Commissioners regarding required repairs to the old Empire hangar at the airport. The doors are no longer functional and need repaired. No action was required on the Commissioners' part – Mr. Arey just wanted them to be aware of the bill for the repairs before they received it. Potential Crushing Project Road & Bridge Supervisor Ray Shaffer reported that he had been looking into a crushing project at the new Ready Pit, and has received a pricing agreement from a local contractor that would provide the crushed material more cheaply than the county can do it. The agreement is good for one year with the option to renew going forward. Mr. Shaffer is looking into Farm to Market funds as a way to pay for the material. Commissioner Baker asked Mr. Shaffer to also consider “piggybacking” on to State projects to reduce costs. No action was taken on gravel purchase at this time. Review Snow Removal Equipment Bid Package GDA representatives Dustin Spomer and Bill Harris reviewed the SRE bid package with the Commissioners. Two areas of concern were the requirements for a forward-set axle and a heated windshield – both of which potentially will increase the cost and/or eliminate some bidders due to an inability to meet those requirements. After discussion, it was decided to eliminate the heated windshield and keep the forward-set axle in the specifications. 1 Executive Session Mike Baker moved to enter Executive Session at 10:45 a.m. for reasons of Potential Land Acquisition and Potential Litigation. Brad Basse seconded the motion. Motion carried. Brad Basse moved to leave Executive Session at 12:46 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during or as a result of the Executive Session. The Commissioners stood in recess until 2:30 p.m. BIA Trust Land Issues The Commissioners held a conference call with State Attorney General Bruce Salzburg to discuss how to proceed with the county's response to the notification letter from the BIA regarding a land use status change request to put county land recently purchased by the Northern Arapaho Tribe into Indian Trust Lands. Participating in the call with the Commissioners were out-going AG Salzburg, incoming AG Greg Phillips, Governor Mead's Chief of Staff Kari Gray, and Governor's Counsel Carol Statkus. Also present were County Attorney Jerry Williams, Clerk Hans Odde, Planner Lee Campbell, NRPC member Chuck Carver, and Independent Record reporter Cindy Glasson. Commissioner Baker asked what position the Governor had taken on the issue of putting the land in question into trust lands. The Governor has not yet had a chance to review the issue and so has no stated position at this time. Commissioner Baker asked about the Johnson Ruling as far as a time limit on the applicability of the ruling. AG Salzburg was not sure. The main point of contention seems to be who has jurisdiction over the gaming issue on lands not currently within the boundaries of the reservation. The notification letter stated that the current use of the land is agriculture and is expected to remain so. However, Commissioner Baker stated that he has seen the application and casino gaming is clearly stated as a possible future use. As the Commissioners have not been able to view the complete application at this time, AG Salzburg suggested a FOIA request asking for the entire application file to resolve the apparent conflict between the two documents. After the conference call ended, Mike Baker moved to make a FOIA request of the BIA referencing NABC Resolution #NABC-2009-025 and requesting the entire application file concerning the land status change request in Hot Springs County. Brad Basse seconded the motion. Motion carried. After further discussion, the Commissioners decided to attempt to engage the services of an outside attorney who specializes in Native American legal issues. Holland & Hart attorney Tom Sansonetti was identified as a potential outside counsel. Commissioners Basse and Baker will set up a pre-engagement conference with Mr. Sansonetti while they are in Cheyenne this week. At the recommendation of the County Attorney, Mike Baker moved that he be authorized to retain the services of an outside attorney to deal with the Indian Trust Lands Application issue. Brad Basse seconded the motion. Motion carried. Other Business South Thermopolis Water & Sewer District CDBG Application Support Letter – Clerk Odde presented a letter for the Commissioners' signature in support of the STWSD's CDBG application. STWSD representative Neal Miller will take the letter to his meeting in Cheyenne this week with the State Lands & Investment Board, the Wyoming Water Development Commission and the Wyoming Business Council. Mike Baker moved to approve the support letter to the South Thermopolis Water & Sewer District for signature. Brad Basse seconded the motion. Motion carried. Owl Creek Water District SLIB Funding Application Review Letter – Clerk Odde presented a Review Letter for the Commissioners' signature. This letter will be submitted with the Owl Creek Water District's SLIB Funding Application for consideration through the Mineral Royalty Grant program of their Rural Water project. Brad Basse moved to approve the letter to Bart Bader and the Owl Creek Water District as drafted. Mike Baker seconded the motion. Motion carried. In light of recent controversy in the community, discussion ensued regarding how to communicate to the public that the Owl Creek Rural Water project and the new airport are completely separate projects, with neither one having anything to do with the other. The projects came about through different entities and the success of one has nothing to do with the success of the other. The local media representative indicated that she would attempt to convey these facts in her upcoming article for the newspaper. Subdivision Issues – Assessor Shelley Deromedi and Deputy Assessor Judy Carswell reviewed the historical reasons for sending memos regarding land splits to the Planner, County Attorney and County Commissioners. The Assessor's office will continue to send these notification memos each time they are required to do a land split in their records. At this time, the Commissioners are in receipt of two memos, one regarding the Stothart land transaction and one regarding the Tonn/Owl Creek Gravel Products transaction. In the Planner's absence, Ms. Deromedi passed on information given to her by the Planner regarding what had transpired in these splits. Brad Basse moved to draft a letter to the Planner asking for written documentation of the disposition of these memos. Mike Baker seconded the motion. Discussion: the letter is to be prepared for all three Commissioners' signatures. Motion carried. 2 Correspondence WCCA – Legislative Session Schedule – Commissioner Baker volunteered to represent Hot Springs County during the Legislative Session during the County's scheduled week.Public Hearing – Ready Land Use Change Chairman John P. Lumley declared the final public hearing on the Ready Land Use Change Request open at 4:30 p.m. Planner Lee Campbell confirmed the proper advertising had been done and reviewed the do-pass recommendation for the change from the Land Use Planning Board. Planner Campbell noted that the land use change request had scored a plus 21 on the Land Use Plan's Absolute Policy checklist. Roy Ready addressed the Commissioners regarding his plans for the pit and answered questions regarding future use and capacity of the pit. Road & Bridge Supervisor Ray Shaffer expressed his support for the pit. After three calls for further public comment, hearing none, Chairman Lumley declared the public hearing closed at 4:37 p.m. Brad Basse moved approval of the gravel pit with the note that it scored a plus 21 on the Land Use Plan's Absolute Policy Checklist. Mike Baker seconded the motion. Motion carried. Adjournment There being no further business to come before the Board of County Commissioners at this time, Brad Basse moved to adjourn. Mike Baker seconded the motion. Chairman Lumley declared the meeting adjourned at 4:38 p.m. | ||
| Attest: | ||
| John P. Lumley, Chairman | Hans Odde, Clerk to the Board | |
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