MINUTES OF COUNTY COMMISSIONERS MEETING
February 15, 2011


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    February 15, 2011
The Hot Springs Board of County Commissioners met in regular session on Tuesday, February 15, 2011 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 approval of the agenda as presented. Brad Basse seconded the motion. Motion carried.

Airport FBO Selection
Chairman Lumley reviewed the interview process for the Fixed Base Operator position at the Hot Springs County Airport. Applications were received from DRA Services (the current FBO), and Crowley Air Services. Mike Baker moved to offer a contract to Crowley Air Services for a period of three years, commencing March 15, 2011 through March 15, 2014 at the proposed rate of $55,000.00 per year. Brad Basse seconded the motion. Discussion: The proposed fees were $60,000.00 per year from DRA Services and $55,000.00 per year from Crowley Air Services. DRA offered a one year contract and Crowley Air Services offered a three-year contract. Mike Baker offered thanks from the Commissioners to DRA Services for their outstanding service to Hot Springs County over the course of their contract. Chairman Lumley expressed his appreciation to Mr. Arey for his efforts and stated that Mr. Arey's desire to retire at the end of the current year played a large part in the contract award decision. Motion carried. Commissioner Basse stated that he appreciated the offer on the part of the applicants to work together to effect a transfer of ownership of the current supplies such as aviation fuel during the transition from one FBO to the other.

Tax Rebate
Deputy Assessor Judy Carswell presented the following rebate for the Commissioners' approval:
Rebate #29-10 – DOR NOVC 2010-1125 - Fidelity Exploration and Production - 2010 Parcel #4282– Oil production at Lake Creek Field during 2009 – A supplemental tax notice was issued to Fidelity on 10/27/2010 on the basis of DOR NOVC 2010-019. This supplemental proved to be in error based on additional information received by DOR from Fidelity showing the supplemental production should have been reported in Park County, resulting in over-assessment in Hot Springs County of $3,090.00. Taxes in the amount of $199.78 need to be rebated.
Brad Basse moved to approve Rebate #29-10 to Fidelity Exploration & Production in the amount of $199.78. Mike Baker seconded the motion. Motion carried.

Web Server Discussion
Deputy Assessor Judy Carswell reviewed information received from Troy Bath with Traveling Computers, Inc. and Rich Greenwood with Greenwood Mapping, Inc. regarding costs for implementation of an internet GIS mapping and property tax system. This would allow on-line access by the general public to records for both the Assessor's and the Treasurer's office. A package placing records from the Clerk's office is also available at an additional cost. Total system cost for hardware and software would be approximately $20,549.00. The cost to add the package for the Clerk would be $7,000.00. After reviewing the current status of budget expenditures with the Clerk, the Commissioners felt that it would be best to wait until budget time to make a decision regarding this project, in order to know whether it can be done from this year's budget or should be formally budgeted for next year.

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Board Appointments
After reviewing the applications received for positions on the Library Board and the Natural Resource Planning Committee, unanimous ballots were cast for Carol Burns for the Library Board and Everett Jones for the NRPC. Mike Baker moved to appoint Carol Burns to the Library Board and Everett Jones to the NRPC. Brad Basse seconded the motion. Motion carried. Letters will be sent to all applicants. No applications were received for the open position on the Land Use Planning Board. The Commissioners instructed the Clerk to continue to advertise the opening and encouraged any interested parties to apply.

Road & Bridge Equipment Discussion
Delbert Daniels reviewed the demonstration put on last August of a 2010 Asphalt Zipper AZ550B to make repairs on Missouri Flat road. R&B Foreman Ray Shaffer felt that this piece of equipment would be extremely useful to the county, but the $135,633.00 price tag was too steep. A used 2008 Asphalt Zipper AZ500B with 42 hours has become available through bank repossession for $65,000.00. This machine is located in Oregon. Mr. Shaffer has received a financing offer from Central Bank & Trust with terms he feels are quite reasonable. The money for the down payment is available in the Road & Bridge budget. Mr. Daniels asked for the Commissioners' permission to proceed with the transaction. After discussion, the Commissioners took the matter under consideration and asked that Mr. Shaffer work with the County Clerk and County Attorney to firm up the financing options and terms, and return on March 1st for further discussion.

EDC – Tribal Trust Lands
EDC Representatives Harry Hughes and Carl Leyba presented the Commissioners with a letter from the EDC discussing the Tribal Trust Lands issue and offering EDC's perspective on the possibility of a casino development in Hot Springs County. After reading the letter into the record, Mr. Hughes asked for comments from the Commissioners. Commissioner Baker emphasized that the Commissioners have not taken a position for or against the possible development of a casino. An outside attorney has been hired to represent the County's interests in the quest by the Northern Arapahoe Tribe to put a parcel of Hot Springs County land into Indian Tribal Trust Lands. Mr. Baker stated that the statements in the EDC's letter regarding taxes are incorrect and that the actual tax amount on the land in question is $467.85. Phil Christophersen, Executive Director of Idea, Inc. (Riverton's economic development organization), has invited community officials over for a tour to illustrate the impacts of casino development in Fremont County. Commissioner Basse clarified that the loss of property tax was not a driving factor in hiring outside counsel to represent the County's interests in the trust land issue. Mr. Basse reviewed the difficulties county officials have already encountered in their attempts to get further information from the Northern Arapahoe tribe and the BIA regarding this matter. Chairman Lumley stated that his communication with people with past experience in matters of this type has confirmed the importance of having input at the beginning of the process, as after the land has been put into tribal trust, it is too late to have any impact on the situation. Commissioner Baker discussed his trip to Ethete to review the trust land application and his inability to access those records. Commissioner Basse stated that when the public open house is held to get community input on the issue in the near future, the Northern Arapaho tribal representatives will be invited as well as any other interested parties. Mr. Hughes stated that EDC would be willing to assist the county in whatever way they could with the trust land issue.

Consider Resolution for Re-Submission of CDBG Grant Application for Owl Creek Water District
Owl Creek Water District representatives Harry Hughes and Rees Jackman presented a packet of information regarding the re-submission of the CDBG Grant Application for the Owl Creek Rural Water Supply project for the Commissioners' consideration. In response to questions from the Commissioners, Mr. Hughes reported that there are twenty-two paid-up taps and the district is confident of their ability to acquire the remaining nine prior to the March 4th SLIB funding deadline. Commissioner Basse reiterated that this project is being spearheaded by the members of the Owl Creek Water District and has no connection to the airport project, contrary to rumors in the community. The County Attorney has reviewed the documents and found them acceptable. Mike Baker moved to authorize the Chairman's signature on Resolution 2011-02 as follows:
RESOLUTION NUMBER 2011-02
A RESOLUTION AUTHORIZING THE RE-SUBMISSION
OF AN APPLICATION BY HOT SPRINGS COUNTY
FOR A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION


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FOR DESIGN AND CONSTRUCTION OF A NEW POTABLE WATER SYSTEM FOR THE OWL
CREEK WATER DISTRICT
WHEREAS, the Owl Creek Water District (the "District"), is a water district duly formed and organized under the Water and Sewer District Law, Chapter 10, Title 41, Wyoming Statutes; and
WHEREAS, Hot Springs County previously submitted this application on July 6, 2010 on behalf of the District Program to assist in financing the design and construction of a new potable water system (Project); and
WHEREAS, said application was subsequently withdrawn at the request of the District because other grant funding required for the project was not yet secured; and
WHEREAS, the County has received a request from the District to resubmit this application.
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners approves the re-submission of a grant application in the amount of $500,000.00 for a Community Development Grant under the Community Development Block Grant Program to assist in funding the Project, and hereby certifies that all public participation requirements have been met.
BE IT FURTHER RESOLVED that John P. Lumley, Chairman of the Hot Springs County Commissioners, is hereby designated and authorized to act on behalf of Hot Springs County and the Hot Springs County Commissioners on all matters relating to the grant application.
PASSED, APPROVED AND ADOPTED this 15th day of February, 2011.
Board of County Commissioners Attest:
Hot Springs County, Wyoming
John P. Lumley, Chairman Hans Odde, Hot Springs County Clerk
Brad Basse seconded the motion. Motion carried. Brad Basse moved to authorize the Chairman's signature on the Cover Sheet for the CDBG application for the Owl Creek Rural Water Supply project. Mike Baker seconded the motion. Motion carried. Brad Basse moved authorization of the Chairman's signature on the transmittal letter for the Grant Application to the CDBG staff. Mike Baker seconded the motion. Motion carried.

Final County Audit Report
Michael Wright presented the Final County Audit Report for the year ending June 30, 2010. This report is available for public review in the County Clerk's office. Mr. Wright reviewed the audit and accompanying comments. Overall, the finding indicated a clean audit for both the regular audit and the A133 grant audit. Clerk Odde asked about the addition of a "13th Month" accounting period and Mr. Wright stated that this would be quite helpful in future audits. Clerk Odde will work with the County Treasurer to set this up.

Snow Removal Equipment Bid Opening
Bill Harris, GDA engineer, was present for the opening of the bids received in response to the County's Request for Proposals for Snow Removal Equipment at the airport. Four bids were received as follows:
1. Lariat International Trucks $126,860.00
2. CMI-TECO $167,380.00
3. Jack's Truck & Equipment $158,968.00
4. Peterbilt of Wyoming $144,974.00
All bidders included bid bonds and signed acknowledgements of Addendum #1. Mr. Harris will review the bids for compliance with bid specifications and bond requirements, and supply a bid tabulation summary to the Commissioners and WYDOT for review. WYDOT will then send a letter of recommendation to award the contract to the Commissioners, who will award the contract at their March 1st meeting. GDA will then issue a notice of award to the selected bidder and, upon receipt of the completed contract, will issue a notice to proceed. The new snow removal equipment should arrive no later than October 7, 2011.

Correspondence
Bureau of Reclamation – Snowmelt Forecast
DEQ – Airport Inspection Notice
WYDOT – Public Meeting/Educational Forum – Prescribed Burning
Library Board Minutes
Fairboard Minutes
Holland & Hart – FOIA Request – Montana, FOIA Request – Wyoming, BIA Comment Letter
Thermopolis Chief of Police – JLEC Heating Issues – Chairman Lumley reported that he has discussed the situation with the custodian who reports that monitoring indicates an average restroom temperature in the mid-60 degree range. Mr. Carver is continuing to monitor the temperatures in the JLEC area.

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HSC Treasurer – Monthly Reports
G/L Expenditures & Appropriations – Commissioners
Engineering Associates – Lane 3 Easements Ownership – Clerk Odde indicated that a meeting between the Commissioners and Engineering Associates in the near future might be helpful in keeping the project on track. The County Attorney is reviewing a portion of land on the north side of Lane 3 where there seems to be some question of ownership. Tom Ryan, Sr. and Tom Ryan, Jr. were present to discuss the ownership issue. Engineering Associates will continue to work to clarify the ownership issue.
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 6:02 p.m.
Attest:


John P. Lumley, Chairman Hans Odde, Clerk to the Board


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