MINUTES OF COUNTY COMMISSIONERS MEETING
July 5, 2011


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    July 5, 2011
The Hot Springs County Board of Commissioners met in regular session on Tuesday, July 5, 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 Clerk Hans Odde, County Attorney Jerry Williams 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 as presented. Brad Basse seconded the motion. Motion carried.

Approval of Minutes
Mike Baker made a motion to approve the minutes of June 7 and 21, 2011 as presented. Brad Basse seconded the motion. Motion carried.

Public Hearing — Final 2010-2011 Budget Amendments
Chairman Lumley opened the public hearing for the year-end budget amendments at 9:17 a.m. Clerk Odde presented a spreadsheet outlining the required amendments for the 2010-2011 fiscal year. This spreadsheet is available for review in the Clerk's Office. The total of the budget amendments is $180,489.00. Of that amount, $153,779.00 comes from unanticipated revenue (grants) and $26,710.00 will come from the unencumbered funds (cash carry-over) accounts. Brad Basse moved to approve the final 2010-2011 budget amendments for Unanticipated Revenue in the amount of $153,779.00 as presented. Mike Baker seconded the motion. Motion carried unanimously. Brad Basse moved to approve the final 2010-2011 budget amendments for Unencumbered Funds in the amount of $26,710.00 as presented. Mike Baker seconded the motion. Discussion: Commissioner Baker asked for clarification as to where the money for adjustments in the unencumbered funds came from. Clerk Odde replied that these were funds budgeted elsewhere previously but not spent. The budget as a whole for the year was under spent. Motion carried unanimously. After three calls for further public comment and hearing none, Chairman Lumley declared the public hearing closed at 9:25 a.m.

Consider Ethics Policy
County Attorney Jerry Williams has reviewed the Ethics Policy previously presented by the Ethics Committee for approval by the Commissioners for insertion into the Personnel Policy Handbook and has no objections to its content. Mike Baker moved to approve the following Ethics Policy as an amendment to the Personnel Policy Handbook, to be inserted after Section 24. Brad Basse seconded the motion. Motion carried unanimously.

Ethics Policy

Hot Springs County will conduct its business fairly, impartially, in an ethical and proper manner, in accordance with the county's values and Personnel Handbook, and in full compliance with all laws and regulations. In the course of conducting Hot Springs County business, integrity must underline all county relationships, including those with customers, suppliers, the community and amongst employees. The highest standards of ethical business conduct and compliance are required of Hot Springs County employees in performance of their responsibilities. Employees must not engage in conduct or activity that may raise questions as to Hot Springs County's honesty, impartiality, or reputation or otherwise cause embarrassment to the county. Conduct that is prohibited under Hot Springs County's Personnel Handbook or does not comply with laws and regulations may not be accomplished on an employee's behalf by anyone outside the county.


Consider 2011-2012 Industrial Appraisal Contract
County Assessor Shelley Deromedi presented the annual contract with Thos. Y. Pickett & Company for the Commissioners' approval. This company assists the Assessor's office with tax valuations of industrial properties within the county. The County Attorney has reviewed and approved the content of the contract. Mike Baker moved to approve the contract between Thos. Y. Pickett & Company and Hot

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Springs County for industrial appraisal assistance for fiscal year 2011-2012 in the amount of $3,300.00. Brad Basse seconded the motion. Motion carried.

Emergency Management Monthly Report
Emergency Management Coordinator Bill Gordon reported that construction of the tower at the Portable Radio Coverage Enhancement Site is coming along. The service/ownership contract for this site will be presented for the Commissioners' signature at the next meeting after further review by the County Attorney.

Maintenance Monthly Report
Maintenance Supervisor Chuck Carver reported that all lawns have been aerated, summer fertilizing is done and weed spraying is in progress. There have been some problems with the pH level in the supply water system for the heating/cooling system in the Annex, but they appear to be resolved at this time. The new two-way video system in the courtrooms should be fully operational as soon as the courthouse cabling project is finished. The Basin Authority Child Support Enforcement has finished moving out of their office on the fourth floor of the courthouse. There is some repair and painting to be done and then the Planner will move into those offices, allowing Mr. Carver to move into the current Planner office and Mr. Carver's current office area to be converted to an employee break room. Mr. Carver stated that he has begun advertising for the new full-time position approved for his department and is very pleased with the quality of applicants so far. Interviews will be held at the end of July with an August 1st start date for the new position. Mr. Carver asked about the status of his requests for funding for a new mower and cooling tower replacement. Chairman Lumley gave the go-ahead for Mr. Carver to proceed with these purchases. The fire alarm trouble code issue in dispatch has been resolved by the replacement of the battery. The generator exhaust fume issue is still being worked on.

Road and Bridge Monthly Report
Road & Bridge Superintendent Ray Shaffer discussed setting a date for the second public meeting on the rural fire number/addressing issues. The meeting was set for Tuesday, July 26th at 6:30 p.m. in the Middle School Commons. Notification letters with a copy of the proposed guidelines will be sent to rural residents in an attempt to get public input prior to putting the guidelines into effect.
Mr. Shaffer reviewed the WYDOT Off-System Bridge Inspection Report. The Gooseberry Bridge problems noted in the report will be addressed as time permits this year. Staff will check with District Engineer Shelby Carlson regarding special funding programs for bridge repairs.
Gravel pits — Crushing project out of the Ready Pit is finished. R&B crews have been hauling material out of the Brown Pit to build out the road around the blind corner there. The repairs and maintenance on the road to the Youth Camp should be completed by the end of the week. The state inspector came by while this road work was being done and suggested that some MSHA training would be in order for the Road & Bridge workers. Mr. Shaffer is working on getting that scheduled. All county entities are on-board for using the new fuel delivery system when it is completed. Materials have been ordered and the project is underway.
Roads — Water has been a problem for the last couple of months, so repairs are being made as they become necessary. Spring blading is complete on all county roads and pothole patching is underway. Sterilant spraying and sagebrush spraying is continuing. There is still an erosion problem on Lane 7 — coco-mats have been ordered to help slow down the erosion until a permanent drainage system can be established.
Mr. Shaffer reported that he has contacted someone who specializes in refurbishing county road signs to lower the cost of replacing worn-out signs for less than the cost of new ones. Discussion is on-going. Road & Bridge is ready to start laying oil as soon as a broom can be located to rent. Mr. Shaffer would like to consider purchasing a broom in the future as rental brooms are very hard to obtain. After the oil is th down, the chipping will begin. The chips should be available by July 15 . New cattle guards and culverts have been purchased for stock for the upcoming year.
Mr. Shaffer asked about progress on Lane 3. WYDOT will not release the funding until all rights-of-way are in place and the right-of-way still has not been obtained from Pamida.

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Youth Alternatives Monthly Report
Director Alan Rossler reported 10 active participants in the program at this time. Participants completed 35.5 hours of Community Service in June. There were no 48-hour holds in June. Mr. Rossler presented the 2nd Quarter, 2011 Grant Reimbursement Request. There were no funds expended from the grant during the second quarter. There is $4,670.47 remaining in the grant at this time. Brad Basse moved to approve the Second Quarter, 2011 Drawdown Request for the VOA/OJJDP Non-Participating State Grant in the amount of $0.00 for submission with the Quarterly Report to VOA. Mike Baker seconded the motion. Motion carried.

Planner Monthly Report
Planner Bo Bowman expressed his appreciation for the Natural Resources Planning Committee and the service it provides to the County. The Land Use Planning Board will not meet again until August. Mr. Bowman alerted the Commissioners to an impending land use change request that is expected to be presented to the LUPB by Wyoming Whiskey Company in August. Mr. Bowman reported a possible enforcement item regarding an improperly installed septic system in the county. It appears the system was professionally installed without the proper permit and now it is not functioning correctly. He is working with the landowner to resolve the situation and will report back. Mr. Bowman informed the Commissioners that he would be submitting his own comments on the BHB RMP revision as a private individual and offered to help in the process in any way he could.

Shoshone National Forest Memorandum of Understanding
Planner Bowman had presented a draft copy of an MOU between Hot Springs County and the U.S. Forest Service regarding participation in the Shoshone National Forest Plan Revision for the Commissioners' consideration. County Attorney Williams has reviewed the MOU and has no major issues with its content. Commissioner Baker and Planner Bowman will work together on the Plan Revision going forward. Mr. Bowman will bring the final MOU for the Commissioners' signature when he receives it.

Commissioners Scholarship Renewal
One application was received for the 2011 Commissioners' Scholarship Renewal. After the Commissioners reviewed the application for compliance and completeness, Brad Basse moved to award the 2011 Commissioners Scholarship Renewal to Elisa Hunter. Mike Baker seconded the motion. Motion carried unanimously.

Disaster Declaration Status
After reviewing the current water situation in the County, the Commissioners agreed there was no need to seek a disaster declaration for Hot Springs County at this time.

State Parks Lease — Road & Bridge Property
Clerk Odde presented an amended contract for the Road & Bridge Shop property from the State Parks department. County Attorney Williams has reviewed the contract and the only change is the inclusion of a “negotiable service project option” that can be used in lieu of monthly payments. This change was acceptable to the Commissioners. Brad Basse moved approval of the amended contract between Hot Springs County and Wyoming State Parks & Cultural Resources for the Road & Bridge Shop property for the period May 15, 2010 through May 14, 2015. Mike Baker seconded the motion. Motion carried unanimously.

State Parks-Armory-Fairgrounds Boundary Adjustment
Clerk Odde presented a sketch map showing a proposed boundary adjustment on lands leased from the State Parks department for the Fairgrounds and the Recreation District. Both parties are in agreement with the proposed boundary adjustment, as it merely formalizes what is already being done. Mike Baker moved to approve the State's proposed boundary adjustment to the Recreation District Lease Tract as shown in Rick Hudson's sketch map. Brad Basse seconded the motion. Motion carried unanimously.

Airport Update
Airport Relocation Project WYDOT - Aeronautics Division Request for Reimbursement #9 — Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #9 for the Commissioners'

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approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11A-2757 RFR #9 in the amount of $868.00. Brad Basse seconded the motion. Motion carried.
Airport Relocation Project FAA Request for Reimbursement #9 — Clerk Odde presented FAA Request for Reimbursement #9 for the Commissioners' approval. Brad Basse moved to approve FAA Project 3-56- 0032-03 RFR #9 in the amount of $27,491.00. Mike Baker seconded the motion. Motion carried.
Airport Update — Jeremy Gilb with GDA gave a general update on the airport progress. GDA is working on scheduling with High Plains Power, WYDOT Aeronautics and WYDOT so that everything is ready to go when land acquisition is complete. Access to the subject property has been regained starting July 18 so that the geo-tech work can be finished. Mr. Gilb will call Charlie Holden to ascertain whether flood irrigation has occurred recently.

Executive Session — Land Acquisition
Brad Basse moved to enter Executive Session for reasons of land acquisition at 1:10 p.m. Mike Baker seconded the motion. Motion carried. Present for the Executive Session were Commissioners John P. Lumley, Brad Basse, and Mike Baker, Clerk Hans Odde, Admin Penny Herdt, and GDA representatives Dusty Spomer and Jeremy Gilb. County Attorney Jerry Williams attended via conference call. Brad Basse moved to exit Executive Session at 2:10 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during the Executive Session.

Outside Counsel — Land Acquisition
Brad Basse moved to authorize County Attorney Jerry Williams to procure the services of outside counsel to assist with court proceedings for land acquisition for the Hot Springs County airport relocation. John P. Lumley seconded the motion for purposes of discussion. Discussion: Commissioner Baker stated that, as the purpose of hiring outside counsel was to prepare to engage in the condemnation process if it became necessary, he would not support doing so as he could not support the condemnation process. Commissioners Lumley and Basse indicated that they felt the decision to proceed with condemnation if necessary had already been made and it was, therefore, incumbent upon the Board of Commissioners to proceed with the hiring of outside counsel at this time to assist with the process. Attorney Williams reminded the Commissioners that it is likely that there would be serious financial ramifications to not proceeding with airport land acquisition at this time. Chairman Lumley called for a vote. Brad Basse voted aye, Mike Baker voted nay, John Lumley voted aye. Motion carried.

Other Business
Gottsche Rebate Proposal — The Commissioners reviewed a proposal to reimburse employees annually for membership fees paid to Gottsche upon proof of 100 days of attendance during the year. The rebate would be meant to encourage wellness and healthy behavior by the employees. The rebate would be paid from the Health Care Premiums line item in the budget. Brad Basse moved to approve the Membership Fee Rebate Proposal as presented, with the rebate to run with the Fiscal Year starting July 1, 2011. Mike Baker seconded the motion. Motion carried unanimously.

Lane 3 IRP Grant Draft Request #12 — Clerk Odde presented IRP Grant Draft Request #12 for the Lane 3 project. Mike Baker moved to approve Grant Draft Request #12 for Lane 3, Phase 1 & 2, Project #IRP- CN15020 project in the amount of $15,648.84. Brad Basse seconded the motion. Motion carried unanimously.

Lane 3 SLIB Grant Draft Request #10 — Clerk Odde presented SLIB Grant Draft Request #10 for the Lane 3 project. Brad Basse moved to approve Draft Request #10 for SLIB Grant #MRG-11008HS in the amount of $2,393.12. Mike Baker seconded the motion. Motion carried unanimously.

HSCMH Elevator Replacement Grant Draft Request #2 — Clerk Odde presented SLIB Grant Draft Request #2 for the Hospital Elevator Replacement project in the amount of $11,078.70. Commissioner Basse recused himself from discussion and voting due to his company's involvement with the project. Mike Baker moved to approve Grant Draft Request #2 to the State Loan and Investment Board for the Elevator Replacement project in the amount of $11,078.70. John P. Lumley seconded the motion. Motion carried unanimously.

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Correspondence
SashAnn Daniels — Scholarship Thank you
WY-DEQ — Storage Tank Compliance Inspection Notification
Joint Minerals, Business & Economic Development Committee — Letter to Eddie Bateson, BLM regarding the Big Horn Basin RMP Revision
Pathfinder Ranch — Pathfinder Days Invitation
Hospital Board Minutes
The Commissioners reviewed the foregoing items. No action was required or taken at this time.

Adjournment
There being no further business to come before the Board at this time, Brad W. Basse moved to adjourn. Chairman Lumley declared the meeting adjourned at 2:20 p.m.
Attest:


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


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