MINUTES OF COUNTY COMMISSIONERS MEETING August 16, 2011

STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		August 16, 2011
The Hot Springs Board of County Commissioners met in regular session on Tuesday, August 16, 2011 at 4:00 p.m. in the Commissioners Room at the Government Annex. Present were Commissioners 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 was absent due to medical reasons. Vice–Chairman Brad Basse suspended Roberts Rules of Order so that business might be conducted in Chairman Lumley's absence. Vice–Chairman Basse 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 moved approval of the minutes of the June 30. 2011 meeting with the date corrected from June 30, 2010 to June 30, 2011. Discussion: In addition to the date change, the signature line will be changed to Vice–Chairman Basse's name. Brad Basse seconded the motion. Motion carried. Proposed Credit Card Use Policy Changes County Clerk Hans Odde reported that, in previous discussions with the auditors, an occasional review/update of the County’s various fiscal use policies has been recommended as a matter of good practice. In conducting such a review of the Credit Card Use policy, Clerk Odde felt that it would be prudent to make some changes to strengthen the policy. The proposed changes were presented to the Commissioners for their approval. These changes have been reviewed by the auditor and the County Attorney and recommended for approval. After extensive discussion, Mike Baker moved to approve the Credit Card Use Policy with the following changes: Item 3 – Add: If ITEMIZED receipts are not submitted upon return of the card to the Clerk's Office the employee may be liable for the charges. Item 4 – Revise to read: The use of the county credit card for fuel purchases shall be generally restricted to fuel for county vehicles. In the event of extenuating circumstances requiring fuel purchases for non–county vehicles on the credit card, reimbursement shall be made to the county immediately upon the employee's return from the trip. Item 7 – Add: The Hot Springs County Credit Card number is not to be written down in any location, and is expressly prohibited even for future charges. Use in this manner shall cause the offending employee to lose their privilege of using County Credit Cards and may result in the employee repaying the county for the purchase. 1 Item 9 – Add: Cards checked out shall be returned by the next business day after returning from said travel. Please remember you are not the only one requiring the use of these cards. Brad Basse seconded the motion. Motion carried. Clerk Odde will distribute a copy of the amended guidelines to all elected officials/department heads. VOA Juvenile Justice Program Craig Fisgus, Project Director for Volunteers of America – Northern Rockies, gave a presentation to the Commissioners entitled "A Collaborative Approach to Juvenile Justice Enhancement in Wyoming. VOA currently administers the "Non–Participating State" grant money that Hot Springs County uses to help fund its Youth Alternative Program. Wyoming is the only state that has declined to participate in the Federal Juvenile Justice and Delinquency Prevention Act of 2002, hence its designation a "Non–Participating State" for purposes of this grant money. Wyoming has declined to participate in the JJDP Act due to a statewide consensus that the programs in place around the state are already meeting the requirements set forth for issues relating to juvenile justice and the act adds unnecessary layers of bureaucracy to a system that already works quite well overall. Mr. Fisgus' job is to facilitate communication between the federal government and the state of Wyoming to encourage Wyoming to eventually become a participating state. Mr. Fisgus stated that Hot Springs County has the reputation of being one of the state's "gold standard" counties as far as treatment of juveniles, especially for the Youth Alternatives diversion program. In response to a request from Mr. Fisgus for suggestions for ways to strengthen the juvenile justice program in Hot Springs County, the Commissioners indicated that more timely processing of the grant award money would be very helpful, and former Youth Alternatives Director Bob Wyss stated that he would like to see some type of a state–wide stakeholder meeting that would allow people from all over the state to share ideas about what is working and what is not in terms of juvenile justice. Mr. Fisgus indicated that he is exploring the idea of a unified state–wide database that would allow county attorneys and law enforcement officials to pull up all the interactions of a juvenile with the justice system statewide with one query. Finally, Mr. Fisgus stated that any statewide policy changes would most likely happen gradually and with the best interests of the juveniles in mind. The Commissioners and Mr. Wyss and Mr. Rossler thanked Mr. Fisgus for taking the time to visit the county and for his recognition of the outstanding success of the County's juvenile justice program. Discussion of Bid Specifications for Procurement of a New End Dump/Plow Truck Road & Bridge Foreman Ray Shaffer presented the Commissioners with an outline of the bid specifications for the new end dump/plow truck he would like to purchase on a municipal lease contract. After review and discussion of the specifications, Commissioner Baker asked that a line stipulating that all bids must meet or exceed the specifications for the truck be added to the request for bids. Mr. Shaffer indicated that he felt that there would be money in this fiscal year’s Road & Bridge budget for the initial lease payment. The truck would not be delivered until Spring, 2012. The Commissioners authorized Mr. Shaffer to proceed with the bidding process. Rural Fire Number/Rural Addressing Issues Discussion Commissioner Basse asked that a final decision regarding approval of the Rural Addressing Guidelines be postponed until Commissioner Lumley was present. This will be placed on the agenda for the September 6, 2011 meeting, with enough time allotted to review the guidelines line–by–line so that final approval may be given at that time. Commissioner Baker suggested formation of a team consisting of representatives from the Commission, Road & Bridge Department, and the Assessor's office to deal with individual address changes on a case by case basis. Commissioner Basse suggested that the Commissioners, Dan Webber and Ray Shaffer review the guidelines individually and discuss potential adjustments via email between 2 now and September 6th. Ray asked that Susan Linko, the Postmistress, be on the email distribution list also to garner her input. Mr. Shaffer was given the go–ahead to proceed with any uncontested address corrections at this time. Other Business Allegiance Service Agreement – Clerk Odde presented the Allegiance Service Agreement for the Commissioners' approval. County Attorney Jerry Williams reviewed the agreement with the Commissioners as there were some items in the agreement that, while not deal–breakers, he wanted to make sure they were aware of. Brad Johnson, the County's insurance consultant, has reviewed the agreement and has no suggested changes. Mike Baker moved to approve the Administrative Services Agreement between Hot Springs County and Allegiance Benefit Plan Management, Inc. for the period of July 1, 2011 through June 30, 2012 as presented. Brad Basse seconded the motion. Motion carried. Crown Jewel Response Letter – Mike Baker made a motion to direct the staff to draft a letter to BLM State Director Donald Simpson in response to Secretary Salazar's request for lands meeting the requirements for "Crown Jewel" designation indicating that there are no lands befitting that designation within Hot Springs County. The letter will be sent via email with hard copy to follow to Mr. Simpson after approval of the draft by the Commissioners via email in light of the rapidly approaching response deadline of August 19th. Brad Basse seconded the motion. Motion carried. Cooperative Agreement for County Health Officer – Clerk Odde presented the new annual grant award agreement between the State Health Department, the County Health Officer and Hot Springs County shifting payment of the County Health Officer from the State Health Department to the County. The money has been received from the State and placed in the County's general fund for disbursement through the Public Health Department's budget on a monthly basis to the County Health Officer beginning with the September 30, 2011 payroll. Mike Baker moved to approve the Grant Award Agreement for the U.S. Dept. of Health & Human Services Public Health Emergency Preparedness–Wyoming Dept. of Health, the Hot Springs County Health Officer and Hot Springs County in the amount of $12,000.00 for the time period of September 1, 2011 through August 31, 2012. Brad Basse seconded the motion. Motion carried. Final Memorandum of Understanding – Shoshone National Forest – Commissioner Baker indicated that the terms of this MOU are still under discussion by the participants in the Shoshone Forest Resource Management Plan Revision and, therefore, the MOU is not ready for signature at this time. Vice–Chairman Basse tabled this item to the September 6, 2011 meeting for consideration at that time. Salary Agreement for 4–H Educator – Clerk Odde presented the annual agreement between UW Cooperative Extension Service and Hot Springs County covering the cost–sharing agreement for the local 4–H Educator position currently held by Jennifer Cheney. The County pays 50% of the salary, with the UW–CES picking up the other 50% plus all benefits for the position. Mike Baker moved to approve the Extended Professional Services Agreement between UW–CES and Hot Springs County covering the County's portion of the 4–H Educator's salary in the amount of $19,356.00 for the period of July 1, 2011 through June 30, 2012. Brad Basse seconded the motion. Motion carried. General Service Agreement with Rocky Mountain Power for the WYO–Link Tower Site – Clerk Odde presented the General Service Agreement between Rocky Mountain Power and Hot Springs County for electric service for the WYO–Link communication tower. Mike Baker moved to approve the General Service Agreement between Rocky Mountain Power and Hot Springs County for electric service for the WYO–Link communication tower. Brad Basse seconded the motion. Motion carried. Annual Secure Rural Schools Agreement – Clerk Odde requested that this item be tabled to the September 6, 2011 meeting to allow him more time to review the agreement. 3 Correspondence Airport Activity Report – July, 2011 The Commissioners reviewed the foregoing correspondence. No action was required. Executive Session – Land Acquisition Mike Baker moved to enter Executive Session at 5:55 p.m. to discuss land acquisition. Brad Basse seconded the motion. Motion carried. Those present for the Executive Session included Commissioners Basse and Baker, County Attorney Williams, Clerk Odde, Admin Herdt, GDA representative Dustin Spomer, DeLoyd Quarberg and Attorney Colin Simpson. Mike Baker moved to leave Executive Session at 6:28 p.m. Brad Basse seconded the motion. Motion carried. No action was taken during the Executive Session. Appraisal Review Contract with Quarberg Appraisals The Commissioners discussed hiring DeLoyd Quarberg to perform a comparative review of the property appraisal performed for Joe Holden by Kim Colvin and the property appraisal performed for the County by Quarberg Appraisals. Mr. Quarberg indicated he believed he could do a basic comparative review for approximately $1,500.00, and that a more in–depth review in preparation for use in litigation could be done for an hourly rate of $100.00/hour. Mr. Quarberg was unable to give an estimate of what the total cost might be at this time. After further discussion, Mike Baker moved to approve a contract with Quarberg Appraisals at a stated rate of $100.00/hour up to $4,000.00 to review the Kim Colvin appraisal and comment on it and meet with counsel and the engineering firm as they deem necessary in anticipation of litigation. Brad Basse seconded the motion. Discussion: Mr. Quarberg asked for clarification regarding travel and other incidental expenses. The motion was amended to include coverage for incidental expenses. Motion carried. Adjournment There being no further business to come before the Board of County Commissioners at this time, Mike Baker moved to adjourn. Vice–Chairman Basse declared the meeting adjourned at 6:37 p.m.
		Attest:

Brad Basse, Vice Chairman		Hans Odde, County Clerk
4

MINUTES OF COUNTY COMMISSIONERS MEETING
August 16, 2011

STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

August 16, 2011

The Hot Springs Board of County Commissioners met in regular session on Tuesday, August 16, 2011 at 4:00 p.m. in the Commissioners Room at the Government Annex.

Present were Commissioners 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 was absent due to medical reasons. Vice–Chairman Brad Basse suspended Roberts Rules of Order so that business might be conducted in Chairman Lumley's absence.

Vice–Chairman Basse 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 moved approval of the minutes of the June 30. 2011 meeting with the date corrected from June 30, 2010 to June 30, 2011. Discussion: In addition to the date change, the signature line will be changed to Vice–Chairman Basse's name. Brad Basse seconded the motion. Motion carried.

Proposed Credit Card Use Policy Changes

County Clerk Hans Odde reported that, in previous discussions with the auditors, an occasional review/update of the County’s various fiscal use policies has been recommended as a matter of good practice. In conducting such a review of the Credit Card Use policy, Clerk Odde felt that it would be prudent to make some changes to strengthen the policy. The proposed changes were presented to the Commissioners for their approval. These changes have been reviewed by the auditor and the County Attorney and recommended for approval. After extensive discussion, Mike Baker moved to approve the Credit Card Use Policy with the following changes:

Item 3 – Add: If ITEMIZED receipts are not submitted upon return of the card to the Clerk's Office the employee may be liable for the charges.
Item 4 – Revise to read: The use of the county credit card for fuel purchases shall be generally restricted to fuel for county vehicles. In the event of extenuating circumstances requiring fuel purchases for non–county vehicles on the credit card, reimbursement shall be made to the county immediately upon the employee's return from the trip.

Item 7 – Add: The Hot Springs County Credit Card number is not to be written down in any location, and is expressly prohibited even for future charges. Use in this manner shall cause the offending employee to lose their privilege of using County Credit Cards and may result in the employee repaying the county for the purchase.

Item 9 – Add: Cards checked out shall be returned by the next business day after returning from said travel. Please remember you are not the only one requiring the use of these cards.

Brad Basse seconded the motion. Motion carried. Clerk Odde will distribute a copy of the amended guidelines to all elected officials/department heads.

VOA Juvenile Justice Program

Craig Fisgus, Project Director for Volunteers of America – Northern Rockies, gave a presentation to the Commissioners entitled "A Collaborative Approach to Juvenile Justice Enhancement in Wyoming. VOA currently administers the "Non–Participating State" grant money that Hot Springs County uses to help fund its Youth Alternative Program. Wyoming is the only state that has declined to participate in the Federal Juvenile Justice and Delinquency Prevention Act of 2002, hence its designation a "Non–Participating State" for purposes of this grant money. Wyoming has declined to participate in the JJDP Act due to a statewide consensus that the programs in place around the state are already meeting the requirements set forth for issues relating to juvenile justice and the act adds unnecessary layers of bureaucracy to a system that already works quite well overall. Mr. Fisgus' job is to facilitate communication between the federal government and the state of Wyoming to encourage Wyoming to eventually become a participating state. Mr. Fisgus stated that Hot Springs County has the reputation of being one of the state's "gold standard" counties as far as treatment of juveniles, especially for the Youth Alternatives diversion program. In response to a request from Mr. Fisgus for suggestions for ways to strengthen the juvenile justice program in Hot Springs County, the Commissioners indicated that more timely processing of the grant award money would be very helpful, and former Youth Alternatives Director Bob Wyss stated that he would like to see some type of a state–wide stakeholder meeting that would allow people from all over the state to share ideas about what is working and what is not in terms of juvenile justice. Mr. Fisgus indicated that he is exploring the idea of a unified state–wide database that would allow county attorneys and law enforcement officials to pull up all the interactions of a juvenile with the justice system statewide with one query. Finally, Mr. Fisgus stated that any statewide policy changes would most likely happen gradually and with the best interests of the juveniles in mind. The Commissioners and Mr. Wyss and Mr. Rossler thanked Mr. Fisgus for taking the time to visit the county and for his recognition of the outstanding success of the County's juvenile justice program.

Discussion of Bid Specifications for Procurement of a New End Dump/Plow Truck

Road & Bridge Foreman Ray Shaffer presented the Commissioners with an outline of the bid specifications for the new end dump/plow truck he would like to purchase on a municipal lease contract. After review and discussion of the specifications, Commissioner Baker asked that a line stipulating that all bids must meet or exceed the specifications for the truck be added to the request for bids. Mr. Shaffer indicated that he felt that there would be money in this fiscal year’s Road & Bridge budget for the initial lease payment. The truck would not be delivered until Spring, 2012. The Commissioners authorized Mr. Shaffer to proceed with the bidding process.

Rural Fire Number/Rural Addressing Issues Discussion

Commissioner Basse asked that a final decision regarding approval of the Rural Addressing Guidelines be postponed until Commissioner Lumley was present. This will be placed on the agenda for the September 6, 2011 meeting, with enough time allotted to review the guidelines line–by–line so that final approval may be given at that time. Commissioner Baker suggested formation of a team consisting of representatives from the Commission, Road & Bridge Department, and the Assessor's office to deal with individual address changes on a case by case basis. Commissioner Basse suggested that the Commissioners, Dan Webber and Ray Shaffer review the guidelines individually and discuss potential adjustments via email between

now and September 6th. Ray asked that Susan Linko, the Postmistress, be on the email distribution list also to garner her input. Mr. Shaffer was given the go–ahead to proceed with any uncontested address corrections at this time.

Other Business

Allegiance Service Agreement – Clerk Odde presented the Allegiance Service Agreement for the Commissioners' approval. County Attorney Jerry Williams reviewed the agreement with the Commissioners as there were some items in the agreement that, while not deal–breakers, he wanted to make sure they were aware of. Brad Johnson, the County's insurance consultant, has reviewed the agreement and has no suggested changes. Mike Baker moved to approve the Administrative Services Agreement between Hot Springs County and Allegiance Benefit Plan Management, Inc. for the period of July 1, 2011 through June 30, 2012 as presented. Brad Basse seconded the motion. Motion carried.
Crown Jewel Response Letter – Mike Baker made a motion to direct the staff to draft a letter to BLM State Director Donald Simpson in response to Secretary Salazar's request for lands meeting the requirements for "Crown Jewel" designation indicating that there are no lands befitting that designation within Hot Springs County. The letter will be sent via email with hard copy to follow to Mr. Simpson after approval of the draft by the Commissioners via email in light of the rapidly approaching response deadline of August 19th. Brad Basse seconded the motion. Motion carried.
Cooperative Agreement for County Health Officer – Clerk Odde presented the new annual grant award agreement between the State Health Department, the County Health Officer and Hot Springs County shifting payment of the County Health Officer from the State Health Department to the County. The money has been received from the State and placed in the County's general fund for disbursement through the Public Health Department's budget on a monthly basis to the County Health Officer beginning with the September 30, 2011 payroll. Mike Baker moved to approve the Grant Award Agreement for the U.S. Dept. of Health & Human Services Public Health Emergency Preparedness–Wyoming Dept. of Health, the Hot Springs County Health Officer and Hot Springs County in the amount of $12,000.00 for the time period of September 1, 2011 through August 31, 2012. Brad Basse seconded the motion. Motion carried.
Final Memorandum of Understanding – Shoshone National Forest – Commissioner Baker indicated that the terms of this MOU are still under discussion by the participants in the Shoshone Forest Resource Management Plan Revision and, therefore, the MOU is not ready for signature at this time. Vice–Chairman Basse tabled this item to the September 6, 2011 meeting for consideration at that time.
Salary Agreement for 4–H Educator – Clerk Odde presented the annual agreement between UW Cooperative Extension Service and Hot Springs County covering the cost–sharing agreement for the local 4–H Educator position currently held by Jennifer Cheney. The County pays 50% of the salary, with the UW–CES picking up the other 50% plus all benefits for the position. Mike Baker moved to approve the Extended Professional Services Agreement between UW–CES and Hot Springs County covering the County's portion of the 4–H Educator's salary in the amount of $19,356.00 for the period of July 1, 2011 through June 30, 2012. Brad Basse seconded the motion. Motion carried.
General Service Agreement with Rocky Mountain Power for the WYO–Link Tower Site – Clerk Odde presented the General Service Agreement between Rocky Mountain Power and Hot Springs County for electric service for the WYO–Link communication tower. Mike Baker moved to approve the General Service Agreement between Rocky Mountain Power and Hot Springs County for electric service for the WYO–Link communication tower. Brad Basse seconded the motion. Motion carried.
Annual Secure Rural Schools Agreement – Clerk Odde requested that this item be tabled to the September 6, 2011 meeting to allow him more time to review the agreement.

Correspondence

Airport Activity Report – July, 2011 The Commissioners reviewed the foregoing correspondence. No action was required.

Executive Session – Land Acquisition

Mike Baker moved to enter Executive Session at 5:55 p.m. to discuss land acquisition. Brad Basse seconded the motion. Motion carried. Those present for the Executive Session included Commissioners Basse and Baker, County Attorney Williams, Clerk Odde, Admin Herdt, GDA representative Dustin Spomer, DeLoyd Quarberg and Attorney Colin Simpson. Mike Baker moved to leave Executive Session at 6:28 p.m. Brad Basse seconded the motion. Motion carried. No action was taken during the Executive Session.

Appraisal Review Contract with Quarberg Appraisals

The Commissioners discussed hiring DeLoyd Quarberg to perform a comparative review of the property appraisal performed for Joe Holden by Kim Colvin and the property appraisal performed for the County by Quarberg Appraisals. Mr. Quarberg indicated he believed he could do a basic comparative review for approximately $1,500.00, and that a more in–depth review in preparation for use in litigation could be done for an hourly rate of $100.00/hour. Mr. Quarberg was unable to give an estimate of what the total cost might be at this time. After further discussion, Mike Baker moved to approve a contract with Quarberg Appraisals at a stated rate of $100.00/hour up to $4,000.00 to review the Kim Colvin appraisal and comment on it and meet with counsel and the engineering firm as they deem necessary in anticipation of litigation. Brad Basse seconded the motion. Discussion: Mr. Quarberg asked for clarification regarding travel and other incidental expenses. The motion was amended to include coverage for incidental expenses. Motion carried.

Adjournment

There being no further business to come before the Board of County Commissioners at this time, Mike Baker moved to adjourn. Vice–Chairman Basse declared the meeting adjourned at 6:37 p.m.

Attest:

Brad Basse, Vice Chairman

Hans Odde, County Clerk

MINUTES OF COUNTY COMMISSIONERS MEETINGAugust 16, 2011

MINUTES OF COUNTY COMMISSIONERS MEETING
August 16, 2011