MINUTES OF COUNTY COMMISSIONERS MEETING September 6, 2011

STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		September 6, 2011
The Hot Springs County Board of Commissioners met in regular session on Tuesday, September 6, 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 as presented. Mike Baker seconded the motion. Motion carried. Approval of Minutes Mike Baker made a motion to approve the minutes of the August 2, 2011, meeting as presented. Brad Basse seconded the motion. Motion carried. Brad Basse moved to approve the minutes of the August 16, 2011, meeting as presented. Mike Baker seconded the motion. Motion carried. Approve Bills The following bills were submitted for approval: (see attached). Payroll for August, 2011 - $169,053.18 Emergency Management Monthly Report Emergency Management Coordinator Bill Gordon presented the 2011 Emergency Management Performance Grant for the Commissioners' approval. This grant provides 50% of the annual funding for Emergency Management. Brad Basse moved to approve the FY 2011 Emergency Management Performance Grant award in the amount of $14,521.00 for the period 10/1/11 – 3/31/12. Mike Baker seconded the motion. Motion carried. Maintenance Monthly Report Maintenance Supervisor Chuck Carver reported that the County Planner's new office is just about ready to move into. The Planner is in need of a new desk and chair, which Mr. Carver felt could be obtained for less than $1200.00. Mike Baker moved to approve the purchase of a new desk and chair for the Planning office for an amount not to exceed $1200.00 - funds to come from Courthouse Equipment. Brad Basse seconded the motion. Motion carried. Sam Hauf has been hired for the maintenance department and is working out well. June Peterson will continue to work until sometime in October to cover for vacations and allow the department to catch up on their backlog. The new mower has been delivered and has cut mowing time to about half what was required previously. Mr. Carver has investigated costs for placing sidewalks along the new parking lot and has received an estimate of roughly $25,000.00. As this was considerably more than was budgeted for the project, the Commissioners asked Mr. Carver to meet with Town of Thermopolis representatives to determine what their requirements might be and how costs might be reduced. Mr. Carver will report back in October. Mr. Carver reported that a shower drain line broke and caused minor flooding in the law enforcement records storage room. The line has been replaced and repairs are nearly complete. A survey of the old pipes will be performed this winter to try to locate and prevent future problems. Road and Bridge Monthly Report Road & Bridge Superintendent Ray Shaffer reported that the closing of the Baird Pit is nearly complete. Pit run is being hauled from the Wagonhound Pit. The County is still working with the BLM on their enlargement application for the Wagonhound Pit. The crushing project is complete and chips have been staged at various sites around the county in anticipation of the chipping project starting this Thursday. Mr. Shaffer indicated that the price of oil for the chipping project should be somewhat less than anticipated due to a change in the type of oil being used. All of the overlay projects have been finished for the year. The leftover cold mix will be used for grader patching throughout the county this fall. 1 Mr. Shaffer has discussed the bridge repair/replacement funding options with WYDOT. The only funds available require full engineering and replacement of the bridge, with a 10% cost match on the part of the county. Mr. Shaffer does not feel that complete replacement of the Gooseberry Bridge is necessary at this time due to the minimal use of the bridge and the nature of the required repairs. Chairman Lumley asked Mr. Shaffer to check with WYDOT District Engineer Shelby Carlson to make sure that repairing the bridge rather than replacing it would not eliminate Hot Springs County's access to program funding in the future. A 36" culvert has been replaced on Upper Grass Creek Road. The second round of roadside mowing is complete and fall seeding will start shortly. The new county-wide fuel system is installed and operational. Mr. Shaffer is checking on operator certification requirements to make sure those are met for the new system. Teet Weston has resigned to take a position with Washakie County. The position has been advertised, with interviews to be conducted this week. Mr. Shaffer hopes to have someone on board by the first of October. Youth Alternatives Monthly Report Director Alan Rossler reported that there are only four participants in the program at this time. Four participants successfully completed the program in August. There were no 48-hour holds in August. Mr. Rossler has completed the True Thought certification process and has started the Corrective Thinking classes for program participants. Planner Monthly Report Planner Bo Bowman reported that the public comment workshop on the Bighorn Basin Resource Management Plan sponsored by the NRPC went very well with good participation by county residents. The NRPC has also asked that the Commissioners consider asking Karen Budd-Falen to draft additional comments on the BHB RMP. After discussion, the Commissioners felt that there was not enough time for Ms. Budd-Falen to do the required research on this matter prior to the comment deadline of September 7, 2011, and that adequate response has already been made via ERG and the Commissioners. Chairman Lumley suggested that a short letter be drafted to Mr. Don Simpson, State BLM Director, reiterating the County's request that the County's land use plan be taken into consideration per FLPMA regulations prior to making decisions regarding BLM control of lands in Hot Springs County. Brad Basse moved to draft said letter for the signatures of the three Commissioners. Mike Baker seconded the motion. Motion carried. Mr. Bowman reported that the pending septic system regulation compliance issues at two sites in the county are in the process of being resolved. As a side note, a new septic system application form is now available from the DEQ and is being used by the county. Constitution Week Proclamation Representing the Washakie Chapter of the DAR, Ruth Clare Johnson and Kay Rush appeared to request the Commissioners to sign a Proclamation designating September 17 – 23, 2011, as Constitution Week in honor of the 224^th anniversary of the signing of the Constitution. Ms. Johnson also provided the Commissioners with copies of a pamphlet on the history of the Star-Spangled Banner and a booklet on the Constitution. Brad Basse moved to approve the Constitution Week Proclamation as follows: PROCLAMATION WHEREAS: September 17, 2011, marks the two hundred twenty-fourth anniversary of the drafting of the constitution of the United States of America by the Constitutional Convention; and WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS: Public Law 915 guarantees the issuing of the Proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW, THEREFORE, I, John Lumley, by virtue of the authority vested in me as Chairman of the County Commissioners of the County of Hot Springs, in the State of Wyoming, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK 2 AND ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hot Springs to be affixed this 6th day of September in the year of our Lord two thousand eleven. Signed: John P. Lumley, Chairman Attest: Hans Odde, County Clerk Hot Springs County Board of Commissioners Mike Baker seconded the motion. Discussion: Commissioner Baker expressed thanks and gratitude on behalf of the County to Ms. Johnson for her dedication and efforts on behalf of Constitution Week. Motion carried. Public Hearing – Stone's Throw Liquor License Chairman John P. Lumley opened the public hearing for the annual liquor license renewal for Krista Raymond, LLC, doing business as Stone's Throw Restaurant at 11:15 a.m. Clerk Odde reported that the Wyoming Liquor Division has reviewed and approved the application to proceed to hearing. A check with local law enforcement reveals no alcohol-related violations in the last year. After three calls for public comment, receiving none, Chairman Lumley declared the hearing closed at 11:17 a.m. Brad Basse moved to approve the liquor license renewal application from Krista Raymond, LLC, dba Stone's Throw Restaurant. Mike Baker seconded the motion. Motion carried. Public Hearing – Flying Dutchman Liquor License Chairman John P. Lumley opened the public hearing for the annual liquor license renewal for Violet M. VanBuskirk, doing business as the Flying Dutchman open at 11:18 a.m. Clerk Odde reported that the application is complete and approved by the Wyoming Liquor Division for public hearing. The Sheriff's report indicates four calls to the establishment in the last year, resulting in one citation written which was later dismissed. There was a bookkeeping error which resulted in a sales tax payment issue in the last year, but this too has been resolved. After three calls for public comment, receiving none, Chairman Lumley closed the public hearing at 11:21 a.m. Brad Basse moved to approve the liquor license renewal application from Violet M. VanBuskirk, dba The Flying Dutchman. Mike Baker seconded the motion. Motion carried. Public Hearing – Wyoming Whiskey Land Use Change Chairman John P. Lumley declared the public hearing on the Wyoming Whiskey Land Use Change request open at 11:30 a.m. Wyoming Whiskey is requesting a change of use from agricultural to industrial on 2.0 acres of land located on the Mead Ranch for the purposes of constructing two warehouses for storage of bonded and barreled whiskey. Ranch roads will be used for access and the parcel will remain part of the ranch – no subdivision is being requested. County Planner Bo Bowman presented the Commissioners with copies of the county land use plan and score sheets to use in evaluating the land use change request. The land use change request has been forwarded from the Land Use Planning Board with a "do-pass" recommendation. After three calls for public comments, hearing none, Chairman Lumley declared the public hearing closed at 11:48 a.m. Brad Basse moved to accept the recommendation of the Land Use Planning Board and pass the land use change request changing the 2.0 acre parcel from agricultural to industrial use based on a positive score using the land use change scoring sheets. Mike Baker seconded the motion. Discussion: the Planner had suggested two conditions be placed on the land use change – first, that a lighting plan be submitted by the applicant providing a description of how illumination and security would be achieved while minimizing the amount and intensity of light viewed from off-site, and second, the requirement that, should the proposed "barrel-house" activity cease in the future, the land use designation would revert to agricultural and any new industrial use be required to go through a new Land Use Change proposal. The Commissioners were not comfortable with requiring the lighting plan, as that had not been required of similar applications in the past. However, there was support for the reversion of the use to agricultural should the barrel-house operation cease to exist. The motion was amended to reflect that condition. The second concurred. Motion carried. Public Hearing – GK Construction Subdivision and Land Use Change Request Chairman Lumley declared the public hearing on the GK Construction Subdivision and Land Use Change request open at 11:50 a.m. GK Construction is requesting the subdivision of a 35 acre parcel into two 3 parcels – one 20.5 +/- acre lot and one remainder lot of 14.5+/- acres. Further, GK Construction requests a land use change from agricultural to industrial on the 20.5 acre lot for the purpose of establishing a minor maintenance facility for a mining operation on the premises. The Land Use Planning Board has reviewed the request and, being unable to come to an agreement, has forwarded the request to the Commissioners with no recommendation. Planner Bowman presented the Commissioners with written comments from Linda Reed, the HSC Conservation District and Diane Winter. Oral comments were received from landowners Brett Belden and Linda Reed and the Kirby Irrigation District expressing their opposition to the proposed land use change. Oral comments in favor of the land use change were received from landowner Mel Morgan, GK Construction owner Rick Grandalen, and Wyo-Ben representative Dale Nuttall. Extensive discussion ensued, eventually focusing on disposition of the water rights for the land in question. County Attorney Jerry Williams pointed out that, per land use plan requirements, before approval of the subdivision could be granted, a stated plan for water rights must be in place. This does not appear to have been done at this time. After three calls for further public comment, hearing none, Chairman Lumley declared the public hearing closed at 1:10 p.m. After stating their concerns regarding the completeness of the plan due to a lack of a firm plan regarding the water rights, the Commissioners sent the land use change request back to the Land Use Planning Board for review at their September meeting. Assuming all requirements have been met, the Commissioners will take up the matter again at their October 4^th meeting. Airport Update Consider FAA Grant Agreement – Dustin Spomer with GDA presented an updated version of the FAA Grant agreement previously approved at the June 7^th Commissioners meeting for the Commissioners' review and approval. Brad Basse moved to approve the FAA Grant Agreement for airport development and noise program implementation for the new HSC Airport in an amount not to exceed $3,660.866.00. Mike Baker seconded the motion. Motion carried. Airport Relocation Project FAA Request for Reimbursement #11 – Clerk Odde presented FAA Request for Reimbursement #11 for the Commissioners' approval. Mike Baker moved to approve FAA Project 3- 56-0032-03 RFR #11 in the amount of $20,284.00. Brad Basse seconded the motion. Motion carried. Airport Relocation Project WYDOT – Aeronautics Division Request for Reimbursement #11 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #11 for the Commissioners' approval. Brad Basse moved to approve WYDOT-Aeronautics Division Project THP-11A-2757 RFR #11 in the amount of $641.00. Mike Baker seconded the motion. Motion carried. Discuss Engineering Contract Amendment Justification – Mr. Spomer reviewed the justification document for amendments to the Engineering Agreement between Hot Springs County and GDA Engineers for Land Acquisition and Master Design, outlining changes to the original agreement and resultant cost increases. The total cost increase for the amended agreement is $139,000.00. The amended Agreement will be presented for approval at one of the next Commissioner meetings. Progress Update – Mr. Spomer reported that he and other GDA representatives will be appearing in front of the Wyoming Aeronautics Commission to provide them with an update on the Hot Springs County airport project on September 27, 2011. Canyon View Circle Right-of-Way Abandonment Discussion Dale and Sue Jackson appeared before the Commissioners for an informal discussion regarding abandonment of a platted right-of-way on property they own in Sable Run Subdivision. The Jacksons own two lots on either side of Canyon View Circle and would like to get rid of this right-of-way and combine the lots into one. At this time, Canyon View Circle is not actually being used or maintained as a road, but more as a driveway to the Jackson's property. As the right-of-way provides access to property owned by Rob Schmidt, the Commissioners suggested that the Jacksons would need to discuss abandonment of the right-of-way with him prior to taking any further action. Tax Rebates & Supplementals Assessor Shelley Deromedi presented the following rebates for the Commissioners' approval. Rebate #13-11 – Joyce Fletcher - 2011 Parcel #1439– 1974 Rushmore Mobile Home. Veteran's exemption was not posted to this account, resulting in over-assessment of 573. Taxes in the amount of $39.90 need to be rebated. Rebate #14-11 – Terry Bright - 2011 Parcel #1398- E 20' Lot 14 and W 20' Lot 15, Block 52, Original Town of Thermopolis, with a 1978 Windsor mobile home. Veteran's exemption should 4 have been posted to this account, but was not, resulting in over-assessment of 2436. Taxes in the amount of $169.61 need to be rebated. Rebate #15-11 – Mel Palmer dba Mel’s Oilfield Service - 2011 Parcel #3335– Personal Property of Mel’s Oilfield Service. Business closed prior to January 1, 2011, so this account should not have been on the 2011 tax roll, resulting in over-assessment of 539. Taxes in the amount of $37.53 need to be rebated. Rebate #16-11 – Steven and Kelly Bond - 2011 Parcel #4552 – 269.33 acres in Sections 7 & 18k, T44N-R94W. This acreage should have been classified as agricultural, resulting in over- assessment of 5780.Taxes in the amount of $373.55 need to be rebated. Rebate #17-11 – Russ and Lisa Pearce - 2011 Parcel #674 – 57.201 Acres in Section 5, T43N- R94W. This original parcel was not deleted when the property was split to allow the gravel pit, resulting in over-assessment of 5666. Taxes in the amount of $388.84 need to be rebated. Rebate #18-11 – Jim and Julie Enis - 2011 Parcel #539 – Several value items downloaded in duplicate, resulting in over-assessment of 5561. Taxes in the amount of $381.63 need to be rebated. Rebate #19-11 – Shirley Hassheider Etal - 2011 Parcel #694 – Building 1 on this parcel had an incorrect effective age, resulting in over-assessment of 1864. Taxes in the amount of $129.79 need to be rebated. Rebate #20-11 – Murdoch Trust - 2011 Parcel #518 – Building 2 on this parcel had an incorrect effective age, resulting in over-assessment of 411. Taxes in the amount of $26.56 need to be rebated. Rebate #21-11 – Matt & Lisa Bowman - 2011 Parcel #74 – Building 1 on this parcel had an incorrect effective age, resulting in over-assessment of 1404. Taxes in the amount of $90.74 need to be rebated. Rebate #22-11 – Northern Arapaho Tribe - 2011 Parcel #4321 – 62.78 acres that were listed in District 100 on this parcel should have been listed in Tax District 101, resulting in over- assessment of 5163. Taxes in the amount of $333.67 need to be rebated. (See also Supplemental for new parcel #4855 below). Brad Basse moved to approve Rebates #13-11 through 22-11 as presented. Mike Baker seconded the motion. Motion carried. The following supplementals have been processed through the Assessor’s office and were presented for the Commissioners’ information. Northern Arapaho Tribe – Supplemental 2011 Parcel #4855 – 62.78 acres in Section 23 and 24, T42N-R95W, should have been listed in Tax District 101, resulting in need for a split and this new parcel. A Supplemental tax notice in the amount of $377.74 has been processed through the Treasurer’s Office. Wilson Trusts – 2011 Parcel #6532 – Tract in Section 14, T42N-R95W (0.821 acres) - This parcel was listed as exempt for 2011 and should have been taxable, resulting in under assessment of 2477. A supplemental tax notice in the amount of $179.90 has been processed through the Treasurer’s Office. R J & Twyla Owsley – 2011 Parcel #1743 – 6.89 acres in Section 32, T44N-R94W, Sixth Principal Meridian, with improvements. – This property was assessed in the incorrect tax district (100), so this supplemental was necessary to show this property in the correct tax district (101) for 2011. A supplemental tax notice in the amount of $97.09 has been processed through the Treasurer’s Office. Communications, Inc. % TCT West – 2011 Parcel # 2652 – Personal Property - We were notified by TCT West that they had purchased this equipment for 2011, so it was put back on the 2011 tax roll. A supplemental tax notice in the amount of $3.10 has been processed through the Treasurer’s Office. Heinze Ranch LTD Partnership Etal - 2011 Parcel # 4837 – 1973 Geer Mobile Home – This parcel was assessed in the incorrect district (0100) when it should have been shown to be in District 109. This supplemental will put it in the correct district, but there will be no change in taxes due as the mill levies in the districts are identical. Lane 3 Update Engineering Associates representative Heath Overfield reported that all the permanent easements are in place. The temporary easement with CarJim is still in process and is anticipated to be in place shortly. 5 The storm drain plan has been reviewed and approved by WYDOT. A meeting will be set up with WYDOT in the next two weeks to discuss sign location, grading on the spare lot, the handicapped ramp locations and the curb cuts. Commissioner Baker will plan to attend this meeting with WYDOT if possible. Engineering Associates will bring a list of decisions required on the Commissioners’ part to the October 4, 2011, meeting for action. The rural section of the project will require a storm water permit from the DEQ – Commissioner Baker will work with Planner Bowman to get this application put together and submitted. In response to questions from the Commissioners, Mr. Overfield indicated that the project will likely be ready for bid letting by November. Mr. Overfield presented the permanent right-of-way easements for the Commissioners’ approval. Mike Baker moved to approve the MOU between Hot Springs County and Ryan Brothers Trucking for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and B&G Industries for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and the Lanny Curtis Campbell Revocable Living Trust for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Spirit Master Corporation for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Wind River Quarry for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Dennis and Karen Sinclair for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and GreenTree Servicing, LLC for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Jerry and Penny Wells for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Roger and Lavita Kraushaar for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Steven Haynes for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Jerald Hillbird and Sharon Burgess for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and John Zupan for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Other Business Secure Rural Schools Agreement – Clerk Odde presented the Secure Rural Schools Election form for the Commissioners’ approval. Secure Rural Schools funding is federal money distributed to counties based on the amount of federal forest land located in the county. Mike Baker moved to approve the State Payment Title I election of 100% for the Secure Rural Schools funding. Brad Basse seconded the motion. Motion carried. Shoshone National Forest Memorandum of Understanding – Commissioner Baker reported that, to his knowledge, none of the other counties have signed this MOU at this time. A set of suggested modifications was submitted to the National Forest Service by ERG, the consultant representing the counties involved, but the response from the NFS was not favorable, and no further action has been taken as far as Commissioners Lumley and Baker are aware. This item was tabled to the October 4^th meeting so that further research could be done by Commissioner Baker. Consider Courthouse Cabling Project Contracts – Chairman Lumley suspended Robert’s Rules of Order for this discussion in light of Commissioner Basse’s recusal of himself from discussion and voting due to his status as a contractor on this project. Clerk Odde presented the Contracts for construction of Bid Items 1-7 for the Courthouse Cabling Project. The first contract is between Hot Springs County and Jadeco, Inc. for items 4-7 of the Construction Contract, including the third floor suspended ceiling, the third floor lighting modifications, the courthouse electrical additions and the JLE Center tele-power pole electrification. Mike Baker moved to approve the contract between Hot Springs County and Jadeco, Inc. in the amount of $58,501.00 for Contract Items 4-7 for the Courthouse Cabling Project. John P. Lumley seconded the motion. Motion carried. Clerk Odde presented the second contract between Hot Springs County and ISC, Inc. for items 1-3 of the Construction Contract, including data cabling and hardware. Mike Baker moved to approve the contract between Hot Springs County and ISC, Inc. in the amount of 6 $39,879.39 for Contract Items 1-3 for the Courthouse Cabling Project. John P. Lumley seconded the motion. Motion carried. Clerk Odde was instructed to issue a notice to proceed for both contracts. Lane 3 IRP Request for Reimbursement #14 – Clerk Odde presented IRP Grant Draft Request #14 for the Lane 3 project. Brad Basse moved to approve IRP Request For Reimbursement #14 for Lane 3, Phase 1 & 2, Project #IRP- CN15020 project in the amount of $446.75. Mike Baker seconded the motion. Motion carried. Lane 3 SLIB Grant Draft Request #12 – Clerk Odde presented SLIB Grant Draft Request #12 for the Lane 3 project. Mike Baker moved to approve Grant Draft Request #12 for SLIB Grant #MRG-11008HS in the amount of $339.53. Brad Basse seconded the motion. Motion carried. Landfill Agreement – Town of Thermopolis representative Fred Crosby presented the annual Landfill Agreement with the Town of Thermopolis for the Commissioners’ approval. Brad Basse moved to approve the landfill agreement between the Town of Thermopolis and Hot Springs County in the amount of $115,925.00 for the period of July 1, 2011 – June 30, 2012. Mike Baker seconded the motion. Motion carried. Consider Public Health Emergency Preparedness Grant Agreement – Clerk Odde presented the annual Cooperative Agreement for the County Public Health Emergency Preparedness Nurse funding. The County Attorney has reviewed this agreement and has no suggested changes. Mike Baker moved to approve the County Public Health Emergency Preparedness Grant Agreement in the amount of $45,460.00 for the period 10-1-11 through 09-30-12. Brad Basse seconded the motion. Motion carried. BLM Letter re: 2012 Oil & Gas Lease Parcels – Chairman Lumley reviewed a letter he drafted on the Commissioners’ behalf to the State Director of the BLM regarding withdrawal of Oil & Gas Lease parcels in Hot Springs County from the leasing process by the BLM. Mike Baker moved to approve the letter for signature by the three Commissioners as presented. Brad Basse seconded the motion. Motion carried. Consider Input regarding Public Defender Appointment – Clerk Odde presented a letter from the State Public Defender’s office asking for input on the appointment of Bobbi Overfield as a part-time contract Assistant Public Defender in the Fifth Judicial District. Mike Baker moved to draft a letter to Ms. Diana Lozano expressing approval of Ms. Overfield’s appointment. Brad Basse seconded the motion. Motion carried. Correspondence Terry Wilson – Board Policies and Recruitment – Commissioners agreed valid issues had been raised in Mrs. Wilson’s letter and took the matter under advisement for possible future policy revisions. State Historic Preservation Office – Kirby Jail/Town Hall Nomination HSC Conservation District - Appreciation The Commissioners reviewed the foregoing items. No further action was required or taken at this time. Executive Session – Potential Litigation/Land Acquisition Mike Baker moved to enter Executive Session for reasons of potential litigation and land acquisition at 3:30 p.m. Brad Basse seconded the motion. Motion carried. Brad Basse moved to leave Executive Session at 4:05 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during or as a result of the Executive Session. Rural Addressing Issue Due to time constraints, it was agreed to hold email work sessions to try to work out any issues with the rural addressing guidelines and, when that was done, bring the guidelines back before the Commissioners for approval. 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 4:15 p.m.
		Attest:

John P. Lumley, Chairman		Hans Odde, Clerk to the Board
7

MINUTES OF COUNTY COMMISSIONERS MEETING
September 6, 2011

STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

September 6, 2011

The Hot Springs County Board of Commissioners met in regular session on Tuesday, September 6, 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 as presented. Mike Baker seconded the motion. Motion carried.

Approval of Minutes

Mike Baker made a motion to approve the minutes of the August 2, 2011, meeting as presented. Brad Basse seconded the motion. Motion carried. Brad Basse moved to approve the minutes of the August 16, 2011, meeting as presented. Mike Baker seconded the motion. Motion carried.

Approve Bills

The following bills were submitted for approval: (see attached). Payroll for August, 2011 - $169,053.18

Emergency Management Monthly Report

Emergency Management Coordinator Bill Gordon presented the 2011 Emergency Management Performance Grant for the Commissioners' approval. This grant provides 50% of the annual funding for Emergency Management. Brad Basse moved to approve the FY 2011 Emergency Management Performance Grant award in the amount of $14,521.00 for the period 10/1/11 – 3/31/12. Mike Baker seconded the motion. Motion carried.

Maintenance Monthly Report

Maintenance Supervisor Chuck Carver reported that the County Planner's new office is just about ready to move into. The Planner is in need of a new desk and chair, which Mr. Carver felt could be obtained for less than $1200.00. Mike Baker moved to approve the purchase of a new desk and chair for the Planning office for an amount not to exceed $1200.00 - funds to come from Courthouse Equipment. Brad Basse seconded the motion. Motion carried.
Sam Hauf has been hired for the maintenance department and is working out well. June Peterson will continue to work until sometime in October to cover for vacations and allow the department to catch up on their backlog.
The new mower has been delivered and has cut mowing time to about half what was required previously. Mr. Carver has investigated costs for placing sidewalks along the new parking lot and has received an estimate of roughly $25,000.00. As this was considerably more than was budgeted for the project, the Commissioners asked Mr. Carver to meet with Town of Thermopolis representatives to determine what their requirements might be and how costs might be reduced. Mr. Carver will report back in October. Mr. Carver reported that a shower drain line broke and caused minor flooding in the law enforcement records storage room. The line has been replaced and repairs are nearly complete. A survey of the old pipes will be performed this winter to try to locate and prevent future problems.

Road and Bridge Monthly Report

Road & Bridge Superintendent Ray Shaffer reported that the closing of the Baird Pit is nearly complete. Pit run is being hauled from the Wagonhound Pit. The County is still working with the BLM on their enlargement application for the Wagonhound Pit. The crushing project is complete and chips have been staged at various sites around the county in anticipation of the chipping project starting this Thursday. Mr. Shaffer indicated that the price of oil for the chipping project should be somewhat less than anticipated due to a change in the type of oil being used. All of the overlay projects have been finished for the year. The leftover cold mix will be used for grader patching throughout the county this fall.

Mr. Shaffer has discussed the bridge repair/replacement funding options with WYDOT. The only funds available require full engineering and replacement of the bridge, with a 10% cost match on the part of the county. Mr. Shaffer does not feel that complete replacement of the Gooseberry Bridge is necessary at this time due to the minimal use of the bridge and the nature of the required repairs. Chairman Lumley asked Mr. Shaffer to check with WYDOT District Engineer Shelby Carlson to make sure that repairing the bridge rather than replacing it would not eliminate Hot Springs County's access to program funding in the future. A 36" culvert has been replaced on Upper Grass Creek Road. The second round of roadside mowing is complete and fall seeding will start shortly. The new county-wide fuel system is installed and operational. Mr. Shaffer is checking on operator certification requirements to make sure those are met for the new system.
Teet Weston has resigned to take a position with Washakie County. The position has been advertised, with interviews to be conducted this week. Mr. Shaffer hopes to have someone on board by the first of October.

Youth Alternatives Monthly Report

Director Alan Rossler reported that there are only four participants in the program at this time. Four participants successfully completed the program in August. There were no 48-hour holds in August. Mr. Rossler has completed the True Thought certification process and has started the Corrective Thinking classes for program participants.

Planner Monthly Report

Planner Bo Bowman reported that the public comment workshop on the Bighorn Basin Resource Management Plan sponsored by the NRPC went very well with good participation by county residents. The NRPC has also asked that the Commissioners consider asking Karen Budd-Falen to draft additional comments on the BHB RMP. After discussion, the Commissioners felt that there was not enough time for Ms. Budd-Falen to do the required research on this matter prior to the comment deadline of September 7, 2011, and that adequate response has already been made via ERG and the Commissioners. Chairman Lumley suggested that a short letter be drafted to Mr. Don Simpson, State BLM Director, reiterating the County's request that the County's land use plan be taken into consideration per FLPMA regulations prior to making decisions regarding BLM control of lands in Hot Springs County. Brad Basse moved to draft said letter for the signatures of the three Commissioners. Mike Baker seconded the motion. Motion carried.
Mr. Bowman reported that the pending septic system regulation compliance issues at two sites in the county are in the process of being resolved. As a side note, a new septic system application form is now available from the DEQ and is being used by the county.

Constitution Week Proclamation

Representing the Washakie Chapter of the DAR, Ruth Clare Johnson and Kay Rush appeared to request the Commissioners to sign a Proclamation designating September 17 – 23, 2011, as Constitution Week in honor of the 224^th anniversary of the signing of the Constitution. Ms. Johnson also provided the Commissioners with copies of a pamphlet on the history of the Star-Spangled Banner and a booklet on the Constitution. Brad Basse moved to approve the Constitution Week Proclamation as follows:

PROCLAMATION

WHEREAS: September 17, 2011, marks the two hundred twenty-fourth anniversary of the drafting of the constitution of the United States of America by the Constitutional Convention; and
WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and
WHEREAS: Public Law 915 guarantees the issuing of the Proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week;
NOW, THEREFORE, I, John Lumley, by virtue of the authority vested in me as Chairman of the County Commissioners of the County of Hot Springs, in the State of Wyoming, do hereby proclaim the week of September 17 through 23 as

CONSTITUTION WEEK

AND ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hot Springs to be affixed this 6th day of September in the year of our Lord two thousand eleven.

Signed: John P. Lumley, Chairman Attest: Hans Odde, County Clerk
Hot Springs County Board of Commissioners

Mike Baker seconded the motion. Discussion: Commissioner Baker expressed thanks and gratitude on behalf of the County to Ms. Johnson for her dedication and efforts on behalf of Constitution Week. Motion carried.

Public Hearing – Stone's Throw Liquor License

Chairman John P. Lumley opened the public hearing for the annual liquor license renewal for Krista Raymond, LLC, doing business as Stone's Throw Restaurant at 11:15 a.m. Clerk Odde reported that the Wyoming Liquor Division has reviewed and approved the application to proceed to hearing. A check with local law enforcement reveals no alcohol-related violations in the last year. After three calls for public comment, receiving none, Chairman Lumley declared the hearing closed at 11:17 a.m. Brad Basse moved to approve the liquor license renewal application from Krista Raymond, LLC, dba Stone's Throw Restaurant. Mike Baker seconded the motion. Motion carried.

Public Hearing – Flying Dutchman Liquor License

Chairman John P. Lumley opened the public hearing for the annual liquor license renewal for Violet M. VanBuskirk, doing business as the Flying Dutchman open at 11:18 a.m. Clerk Odde reported that the application is complete and approved by the Wyoming Liquor Division for public hearing. The Sheriff's report indicates four calls to the establishment in the last year, resulting in one citation written which was later dismissed. There was a bookkeeping error which resulted in a sales tax payment issue in the last year, but this too has been resolved. After three calls for public comment, receiving none, Chairman Lumley closed the public hearing at 11:21 a.m. Brad Basse moved to approve the liquor license renewal application from Violet M. VanBuskirk, dba The Flying Dutchman. Mike Baker seconded the motion. Motion carried.

Public Hearing – Wyoming Whiskey Land Use Change

Chairman John P. Lumley declared the public hearing on the Wyoming Whiskey Land Use Change request open at 11:30 a.m. Wyoming Whiskey is requesting a change of use from agricultural to industrial on 2.0 acres of land located on the Mead Ranch for the purposes of constructing two warehouses for storage of bonded and barreled whiskey. Ranch roads will be used for access and the parcel will remain part of the ranch – no subdivision is being requested. County Planner Bo Bowman presented the Commissioners with copies of the county land use plan and score sheets to use in evaluating the land use change request. The land use change request has been forwarded from the Land Use Planning Board with a "do-pass" recommendation. After three calls for public comments, hearing none, Chairman Lumley declared the public hearing closed at 11:48 a.m. Brad Basse moved to accept the recommendation of the Land Use Planning Board and pass the land use change request changing the 2.0 acre parcel from agricultural to industrial use based on a positive score using the land use change scoring sheets. Mike Baker seconded the motion. Discussion: the Planner had suggested two conditions be placed on the land use change – first, that a lighting plan be submitted by the applicant providing a description of how illumination and security would be achieved while minimizing the amount and intensity of light viewed from off-site, and second, the requirement that, should the proposed "barrel-house" activity cease in the future, the land use designation would revert to agricultural and any new industrial use be required to go through a new Land Use Change proposal. The Commissioners were not comfortable with requiring the lighting plan, as that had not been required of similar applications in the past. However, there was support for the reversion of the use to agricultural should the barrel-house operation cease to exist. The motion was amended to reflect that condition. The second concurred. Motion carried. Public Hearing – GK Construction Subdivision and Land Use Change Request Chairman Lumley declared the public hearing on the GK Construction Subdivision and Land Use Change request open at 11:50 a.m. GK Construction is requesting the subdivision of a 35 acre parcel into two

parcels – one 20.5 +/- acre lot and one remainder lot of 14.5+/- acres. Further, GK Construction requests a land use change from agricultural to industrial on the 20.5 acre lot for the purpose of establishing a minor maintenance facility for a mining operation on the premises. The Land Use Planning Board has reviewed the request and, being unable to come to an agreement, has forwarded the request to the Commissioners with no recommendation. Planner Bowman presented the Commissioners with written comments from Linda Reed, the HSC Conservation District and Diane Winter. Oral comments were received from landowners Brett Belden and Linda Reed and the Kirby Irrigation District expressing their opposition to the proposed land use change. Oral comments in favor of the land use change were received from landowner Mel Morgan, GK Construction owner Rick Grandalen, and Wyo-Ben representative Dale Nuttall. Extensive discussion ensued, eventually focusing on disposition of the water rights for the land in question. County Attorney Jerry Williams pointed out that, per land use plan requirements, before approval of the subdivision could be granted, a stated plan for water rights must be in place. This does not appear to have been done at this time. After three calls for further public comment, hearing none, Chairman Lumley declared the public hearing closed at 1:10 p.m. After stating their concerns regarding the completeness of the plan due to a lack of a firm plan regarding the water rights, the Commissioners sent the land use change request back to the Land Use Planning Board for review at their September meeting. Assuming all requirements have been met, the Commissioners will take up the matter again at their October 4^th meeting.

Airport Update

Consider FAA Grant Agreement

– Dustin Spomer with GDA presented an updated version of the FAA Grant agreement previously approved at the June 7^th Commissioners meeting for the Commissioners' review and approval. Brad Basse moved to approve the FAA Grant Agreement for airport development and noise program implementation for the new HSC Airport in an amount not to exceed $3,660.866.00. Mike Baker seconded the motion. Motion carried.

Airport Relocation Project FAA Request for Reimbursement #11

– Clerk Odde presented FAA Request for Reimbursement #11 for the Commissioners' approval. Mike Baker moved to approve FAA Project 3- 56-0032-03 RFR #11 in the amount of $20,284.00. Brad Basse seconded the motion. Motion carried.

Airport Relocation Project WYDOT – Aeronautics Division Request for Reimbursement #11

– Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #11 for the Commissioners' approval. Brad Basse moved to approve WYDOT-Aeronautics Division Project THP-11A-2757 RFR #11 in the amount of $641.00. Mike Baker seconded the motion. Motion carried.

Discuss Engineering Contract Amendment Justification

– Mr. Spomer reviewed the justification document for amendments to the Engineering Agreement between Hot Springs County and GDA Engineers for Land Acquisition and Master Design, outlining changes to the original agreement and resultant cost increases. The total cost increase for the amended agreement is $139,000.00. The amended Agreement will be presented for approval at one of the next Commissioner meetings.

Progress Update

– Mr. Spomer reported that he and other GDA representatives will be appearing in front of the Wyoming Aeronautics Commission to provide them with an update on the Hot Springs County airport project on September 27, 2011.

Canyon View Circle Right-of-Way Abandonment Discussion

Dale and Sue Jackson appeared before the Commissioners for an informal discussion regarding abandonment of a platted right-of-way on property they own in Sable Run Subdivision. The Jacksons own two lots on either side of Canyon View Circle and would like to get rid of this right-of-way and combine the lots into one. At this time, Canyon View Circle is not actually being used or maintained as a road, but more as a driveway to the Jackson's property. As the right-of-way provides access to property owned by Rob Schmidt, the Commissioners suggested that the Jacksons would need to discuss abandonment of the right-of-way with him prior to taking any further action.

Tax Rebates & Supplementals

Assessor Shelley Deromedi presented the following rebates for the Commissioners' approval.

Rebate #13-11 – Joyce Fletcher - 2011 Parcel #1439– 1974 Rushmore Mobile Home. Veteran's exemption was not posted to this account, resulting in over-assessment of 573. Taxes in the amount of $39.90 need to be rebated.
Rebate #14-11 – Terry Bright - 2011 Parcel #1398- E 20' Lot 14 and W 20' Lot 15, Block 52, Original Town of Thermopolis, with a 1978 Windsor mobile home. Veteran's exemption should

have been posted to this account, but was not, resulting in over-assessment of 2436. Taxes in the amount of $169.61 need to be rebated.
Rebate #15-11 – Mel Palmer dba Mel’s Oilfield Service - 2011 Parcel #3335– Personal Property of Mel’s Oilfield Service. Business closed prior to January 1, 2011, so this account should not have been on the 2011 tax roll, resulting in over-assessment of 539. Taxes in the amount of $37.53 need to be rebated.
Rebate #16-11 – Steven and Kelly Bond - 2011 Parcel #4552 – 269.33 acres in Sections 7 & 18k, T44N-R94W. This acreage should have been classified as agricultural, resulting in over- assessment of 5780.Taxes in the amount of $373.55 need to be rebated.
Rebate #17-11 – Russ and Lisa Pearce - 2011 Parcel #674 – 57.201 Acres in Section 5, T43N- R94W. This original parcel was not deleted when the property was split to allow the gravel pit, resulting in over-assessment of 5666. Taxes in the amount of $388.84 need to be rebated.
Rebate #18-11 – Jim and Julie Enis - 2011 Parcel #539 – Several value items downloaded in duplicate, resulting in over-assessment of 5561. Taxes in the amount of $381.63 need to be rebated.
Rebate #19-11 – Shirley Hassheider Etal - 2011 Parcel #694 – Building 1 on this parcel had an incorrect effective age, resulting in over-assessment of 1864. Taxes in the amount of $129.79 need to be rebated.
Rebate #20-11 – Murdoch Trust - 2011 Parcel #518 – Building 2 on this parcel had an incorrect effective age, resulting in over-assessment of 411. Taxes in the amount of $26.56 need to be rebated.
Rebate #21-11 – Matt & Lisa Bowman - 2011 Parcel #74 – Building 1 on this parcel had an incorrect effective age, resulting in over-assessment of 1404. Taxes in the amount of $90.74 need to be rebated.
Rebate #22-11 – Northern Arapaho Tribe - 2011 Parcel #4321 – 62.78 acres that were listed in District 100 on this parcel should have been listed in Tax District 101, resulting in over- assessment of 5163. Taxes in the amount of $333.67 need to be rebated. (See also Supplemental for new parcel #4855 below).

Brad Basse moved to approve Rebates #13-11 through 22-11 as presented. Mike Baker seconded the motion. Motion carried.
The following supplementals have been processed through the Assessor’s office and were presented for the Commissioners’ information.

Northern Arapaho Tribe – Supplemental 2011 Parcel #4855 – 62.78 acres in Section 23 and 24, T42N-R95W, should have been listed in Tax District 101, resulting in need for a split and this new parcel. A Supplemental tax notice in the amount of $377.74 has been processed through the Treasurer’s Office.
Wilson Trusts – 2011 Parcel #6532 – Tract in Section 14, T42N-R95W (0.821 acres) - This parcel was listed as exempt for 2011 and should have been taxable, resulting in under assessment of 2477. A supplemental tax notice in the amount of $179.90 has been processed through the Treasurer’s Office.
R J & Twyla Owsley – 2011 Parcel #1743 – 6.89 acres in Section 32, T44N-R94W, Sixth Principal Meridian, with improvements. – This property was assessed in the incorrect tax district (100), so this supplemental was necessary to show this property in the correct tax district (101) for 2011. A supplemental tax notice in the amount of $97.09 has been processed through the Treasurer’s Office.
Communications, Inc. % TCT West – 2011 Parcel # 2652 – Personal Property - We were notified by TCT West that they had purchased this equipment for 2011, so it was put back on the 2011 tax roll. A supplemental tax notice in the amount of $3.10 has been processed through the Treasurer’s Office.
Heinze Ranch LTD Partnership Etal - 2011 Parcel # 4837 – 1973 Geer Mobile Home – This parcel was assessed in the incorrect district (0100) when it should have been shown to be in District 109. This supplemental will put it in the correct district, but there will be no change in taxes due as the mill levies in the districts are identical.

Lane 3 Update

Engineering Associates representative Heath Overfield reported that all the permanent easements are in place. The temporary easement with CarJim is still in process and is anticipated to be in place shortly.

The storm drain plan has been reviewed and approved by WYDOT. A meeting will be set up with WYDOT in the next two weeks to discuss sign location, grading on the spare lot, the handicapped ramp locations and the curb cuts. Commissioner Baker will plan to attend this meeting with WYDOT if possible. Engineering Associates will bring a list of decisions required on the Commissioners’ part to the October 4, 2011, meeting for action. The rural section of the project will require a storm water permit from the DEQ – Commissioner Baker will work with Planner Bowman to get this application put together and submitted. In response to questions from the Commissioners, Mr. Overfield indicated that the project will likely be ready for bid letting by November.
Mr. Overfield presented the permanent right-of-way easements for the Commissioners’ approval. Mike Baker moved to approve the MOU between Hot Springs County and Ryan Brothers Trucking for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and B&G Industries for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and the Lanny Curtis Campbell Revocable Living Trust for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Spirit Master Corporation for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Wind River Quarry for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Dennis and Karen Sinclair for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and GreenTree Servicing, LLC for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Jerry and Penny Wells for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Roger and Lavita Kraushaar for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Steven Haynes for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and Jerald Hillbird and Sharon Burgess for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the MOU between Hot Springs County and John Zupan for a permanent ROW easement on Lane 3. Brad Basse seconded the motion. Motion carried.

Other Business

Secure Rural Schools Agreement – Clerk Odde presented the Secure Rural Schools Election form for the Commissioners’ approval. Secure Rural Schools funding is federal money distributed to counties based on the amount of federal forest land located in the county. Mike Baker moved to approve the State Payment Title I election of 100% for the Secure Rural Schools funding. Brad Basse seconded the motion. Motion carried.
Shoshone National Forest Memorandum of Understanding – Commissioner Baker reported that, to his knowledge, none of the other counties have signed this MOU at this time. A set of suggested modifications was submitted to the National Forest Service by ERG, the consultant representing the counties involved, but the response from the NFS was not favorable, and no further action has been taken as far as Commissioners Lumley and Baker are aware. This item was tabled to the October 4^th meeting so that further research could be done by Commissioner Baker.
Consider Courthouse Cabling Project Contracts – Chairman Lumley suspended Robert’s Rules of Order for this discussion in light of Commissioner Basse’s recusal of himself from discussion and voting due to his status as a contractor on this project. Clerk Odde presented the Contracts for construction of Bid Items 1-7 for the Courthouse Cabling Project. The first contract is between Hot Springs County and Jadeco, Inc. for items 4-7 of the Construction Contract, including the third floor suspended ceiling, the third floor lighting modifications, the courthouse electrical additions and the JLE Center tele-power pole electrification. Mike Baker moved to approve the contract between Hot Springs County and Jadeco, Inc. in the amount of $58,501.00 for Contract Items 4-7 for the Courthouse Cabling Project. John P. Lumley seconded the motion. Motion carried. Clerk Odde presented the second contract between Hot Springs County and ISC, Inc. for items 1-3 of the Construction Contract, including data cabling and hardware. Mike Baker moved to approve the contract between Hot Springs County and ISC, Inc. in the amount of

$39,879.39 for Contract Items 1-3 for the Courthouse Cabling Project. John P. Lumley seconded the motion. Motion carried. Clerk Odde was instructed to issue a notice to proceed for both contracts. Lane 3 IRP Request for Reimbursement #14 – Clerk Odde presented IRP Grant Draft Request #14 for the Lane 3 project. Brad Basse moved to approve IRP Request For Reimbursement #14 for Lane 3, Phase 1 & 2, Project #IRP- CN15020 project in the amount of $446.75. Mike Baker seconded the motion. Motion carried.
Lane 3 SLIB Grant Draft Request #12 – Clerk Odde presented SLIB Grant Draft Request #12 for the Lane 3 project. Mike Baker moved to approve Grant Draft Request #12 for SLIB Grant #MRG-11008HS in the amount of $339.53. Brad Basse seconded the motion. Motion carried.
Landfill Agreement – Town of Thermopolis representative Fred Crosby presented the annual Landfill Agreement with the Town of Thermopolis for the Commissioners’ approval. Brad Basse moved to approve the landfill agreement between the Town of Thermopolis and Hot Springs County in the amount of $115,925.00 for the period of July 1, 2011 – June 30, 2012. Mike Baker seconded the motion. Motion carried.
Consider Public Health Emergency Preparedness Grant Agreement – Clerk Odde presented the annual Cooperative Agreement for the County Public Health Emergency Preparedness Nurse funding. The County Attorney has reviewed this agreement and has no suggested changes. Mike Baker moved to approve the County Public Health Emergency Preparedness Grant Agreement in the amount of $45,460.00 for the period 10-1-11 through 09-30-12. Brad Basse seconded the motion. Motion carried.
BLM Letter re: 2012 Oil & Gas Lease Parcels – Chairman Lumley reviewed a letter he drafted on the Commissioners’ behalf to the State Director of the BLM regarding withdrawal of Oil & Gas Lease parcels in Hot Springs County from the leasing process by the BLM. Mike Baker moved to approve the letter for signature by the three Commissioners as presented. Brad Basse seconded the motion. Motion carried. Consider Input regarding Public Defender Appointment – Clerk Odde presented a letter from the State Public Defender’s office asking for input on the appointment of Bobbi Overfield as a part-time contract Assistant Public Defender in the Fifth Judicial District. Mike Baker moved to draft a letter to Ms. Diana Lozano expressing approval of Ms. Overfield’s appointment. Brad Basse seconded the motion. Motion carried.

Correspondence

Terry Wilson – Board Policies and Recruitment – Commissioners agreed valid issues had been raised in Mrs. Wilson’s letter and took the matter under advisement for possible future policy revisions.
State Historic Preservation Office – Kirby Jail/Town Hall Nomination
HSC Conservation District - Appreciation The Commissioners reviewed the foregoing items. No further action was required or taken at this time.

Executive Session – Potential Litigation/Land Acquisition

Mike Baker moved to enter Executive Session for reasons of potential litigation and land acquisition at 3:30 p.m. Brad Basse seconded the motion. Motion carried. Brad Basse moved to leave Executive Session at 4:05 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during or as a result of the Executive Session.

Rural Addressing Issue

Due to time constraints, it was agreed to hold email work sessions to try to work out any issues with the rural addressing guidelines and, when that was done, bring the guidelines back before the Commissioners for approval.

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 4:15 p.m.

Attest:

John P. Lumley, Chairman

Hans Odde, Clerk to the Board

MATTHEW BENDER & CO.,INC. 201.93 / THERMOPOLIS - HOT SPRINGS 10,000.00 KONE INC. 350.10 / NORTHERN WYOMING DAILY NEWS 112.00 WACO WY ASSOC OF CO OFFICERS 1,025.00 / HANSON'S FIRE EQUIPMENT 66.00 HOT SPRINGS VETERINARY CLINIC 291.00 / SIRCHIE FINGERPRINT LABORATORI 71.49 TEE'S PLUS 220.00 / GREINER MOTOR COMPANY 92.97 JACK'S UNIFORM & EQUIPMENT 39.50 / ST. VINCENT HEALTHCARE 177.63 BRADFORD SUPPLY COMPANY 640.59 / AFLAC (ACCOUNT #HW652) 913.97 STATE OF WYOMING - A&I 53.36 / ALLEGIANCE BENEFIT PLAN MANGT, INC. 38,667.07 AMERICAN CORRECTIONAL ASSOCIATION 35.00 / ANITA WEISBECK 57.72 ATLAS OFFICE PRODUCTS, INC. 79.43 / BRESNAN COMMUNICATIONS 21.23 BARTON STAM 421.80 / BOB BARKER COMPANY, INC. 787.43 BIG HORN COUNTY CES 306.54 / BIG HORN WATER 76.75 / BLAIR'S SUPER MARKET 648.04 BROKERS NATIONAL LIFE 498.60 / BRUCE N. "BO" BOWMAN 59.74 CALIFORNIA CONTRACTORS 116.00 / CANYON SPORTING GOODS 91.84 CAROL PICKETT 106.00 / THERMOPOLIS HARDWARE 553.90 COLONIAL SUPPLEMENTAL INS. 148.60 / VERIZON WIRELESS 98.64 VERIZON WIRELESS 39.33 / VERIZON WIRELESS 56.74 / VERIZON WIRELESS 279.83 VERIZON WIRELESS 137.67 / CREATIVE PRODUCT SOURCING, INC. 422.48 CROWLEY AIR SERVICE, LLC 4,720.85 / DEBRA A. GERHARTER 22.49 DEBORAH MILEK 342.99 / DON'S IGA 55.08 / ENGINEERING ASSOCIATES 893.50 EXPRESS POLICE SUPPLY, INC 323.91 / SHELL FLEET PLUS PROCESSING CENTER 536.34 FLEETPRIDE 1,384.61 / PINNACLE BANK OF THERMOPOLIS 38,793.95 FOOD SERVICES OF AMERICA 2,029.77 / FREMONT MOTOR COMPANY 1,005.58 MORTIMORE FUNERAL HOME 1,360.00 / GDA ENGINEERS 21,351.73 GOTTSCHE THERAPY REHAB WELLNESS 300.00 / GREENLINE EQUIPMENT, LLC 10,550.00 MOUNTAIN WEST BUSINESS SOLUTIONS 21.81 / MOUNTAIN WEST BUSINESS SOLUTIONS 30.87 HANS ODDE 149.01 / HOLLAND & HART LLP 10,000.00 HOT SPRINGS COUNTY TREASURER 358.09 HOT SPRINGS COUNTY HEALTH INS ACCT 57,512.40 HOT SPRINGS CO. SCHOOL DIST #1 8,854.61 / HUBERT COMPANY 3,494.03 R.L. HUDSON, LAND SURVEYOR 642.00 / INDEPENDENT RECORD 1,710.58 INDOFF INC. 922.79 / JADECO, INC. 214.16 / JENNIFER CHENEY 500.83 JERRY D. WILLIAMS 212.01 / JILL JACOBSON 1,375.00 / JOHN P. LUMLEY 541.13 JOHN P. WORRALL, P.C. 275.00 / JULIA'S RENTAL SALES & SERVICE INC. 231.00 KENNEDY ACE HARDWARE 289.99 / KNAPP SUPPLY & EQUIPMENT CO. 298.50 KREISERS INC 595.65 / LEXIS NEXIS 92.00 / HOLDING'S LITTLE AMERICA 134.45 MARCIA E. BEAN 36.63 / MARY A. GORDON 350.17 / MARY L. SCHEIBLE 1,254.96 MBA OF WYOMING 3,000.49 / MEADOW GOLD DAIRY 397.96 HOT SPRINGS CO. MEM. HOSPITAL 1,346.90 / MESSENGER & JUROVICH, P.C. 607.65 MICKEYJEAN FORD 36.35 / MIKE GULAR 104.20 / MOORE MEDICAL, LLC 68.93 NACCHO DISTRIBUTION CENTER 6.75 / NEVE'S UNIFORMS, INC. 388.59 NIELSEN OIL CO., INC. 904.00 / O'REILLY AUTO PARTS 23.40 O'REILLY AUTO PARTS 22.95 / THE OFFICE SHOP, INC 4,347.41 OWL LUMBER INC. 51.98 / ROCKY MOUNTAIN POWER 5,126.70 / PAMIDA 229.24 DANIEL J. PEBBLES 52.96 / PENNINGTON COUNTY SHERIFF'S OFFICE 6.88 PERFORMANCE AUTO & GLASS 229.68 / PERFORMANCE AUTO & GLASS 539.10 PERFORMANCE AUTO & GLASS 14.99 / PERFORMANCE AUTO & GLASS 38.60 PINNACLE BANK OF THERMOPOLIS 1,355.00 / PINNACLE BANK OF THERMOPOLIS 1,755.00 PLAINSMAN PRINTING & SUPPLY 1,671.07 / POSTMASTER 785.30 / POSTMASTER 380.99 POWER EQUIPMENT 3,000.00 / QUARTERMASTER, INC. 182.12 / QUILL CORPORATION 535.62 CENTURY LINK 650.52 / CENTURY LINK 5.74 / RAGG TAGGS 460.00 BEST WESTERN RAMKOTA HOTEL 87.90 / RANAE BALDES 69.93 GORRELL & HOPKINSON, P.C. 842.88 / RIVERTON TIRE & OIL CO., INC. 878.02 ROCKY MOUNTAIN POWER 6,427.00 / ROY A. KRAUSHAAR 30.00 RT COMMUNICATIONS, INC. 2,479.56 / SANDRA L BAKER 40.00 SANOFI PASTEUR, INC. 2,748.19 / SECRETARY OF STATE 30.00 SERLKAY PRINTING 35.00 / SHERI L. BARRETTE 30.00 / SHERRY DAIGLE 50.00 SHELLEY DEROMEDI 145.55 / SHOSHONE OFFICE SUPPLY 211.47 / SMILEMAKERS 65.98 THE STANDARD INS. CO. 1,416.49 / STEHLIN PLUMBING & CONTRACTING 135.00 SUPER CIRCUITS 63.12 / TEAM LABORATORY CHEMICAL CORP. 964.45 TEEPEE POOLS 318.00 / THERMOPOLIS-HOT SPRINGS COUNTY EDC 35,000.00 THERMOPOLIS HARDWARE 189.07 / THOMAS L. BENNETT, M.D. 3,440.00

THOMAS ALAN ROSSLER 298.30 / TOWN OF THERMOPOLIS 1,521.85 TRAVELING COMPUTERS, INC. 278.00 / TRI COUNTY TELEPHONE ASSOC,INC 334.29 VERIZON WIRELESS 34.31 / VERIZON WIRELESS 34.31 / VICKLUND PHARMACY 750.78 VICKI M. NICHOLS 55.00 / VISA - CARD ONE 2,262.39 / VISA - CARD TWO 4,290.95 VISA - CARD THREE 1,876.70 / VISA - CARD FOUR 462.70 / VISA - CARD FIVE 845.03 VISA - CARD SIX 365.59 / VISA - CARD SEVEN 61.42 / VISA 405.00 / VISA 168.50 WAVING AT YOU.COM 191.00 / WCS TELECOM 325.68 / WELD COUNTY SHERIFF 49.48 WHITE HORSE FEED & SEED LLC 43.99 / EMPLOYMENT TAX DIVISION 2,568.97 WYOMING CLERK OF DISTRICT COURT 40.00 / WYOMING.COM 95.00 WYOMING DIVISION OF 235.00 / ORCHARD TRUST COMPANY 4,919.26 / WYOMING GAS 461.68 WYONET INC. 113.95 / WYO RETIREMENT SYSTEM 22,628.30 036-NCPERS GROUP LIFE INS. 256.00 / WYOMING STATIONERY 32.15

BILLS – August 2011
MATTHEW BENDER & CO.,INC. 201.93 / THERMOPOLIS - HOT SPRINGS 10,000.00 KONE INC. 350.10 / NORTHERN WYOMING DAILY NEWS 112.00 WACO WY ASSOC OF CO OFFICERS 1,025.00 / HANSON'S FIRE EQUIPMENT 66.00 HOT SPRINGS VETERINARY CLINIC 291.00 / SIRCHIE FINGERPRINT LABORATORI 71.49 TEE'S PLUS 220.00 / GREINER MOTOR COMPANY 92.97 JACK'S UNIFORM & EQUIPMENT 39.50 / ST. VINCENT HEALTHCARE 177.63 BRADFORD SUPPLY COMPANY 640.59 / AFLAC (ACCOUNT #HW652) 913.97 STATE OF WYOMING - A&I 53.36 / ALLEGIANCE BENEFIT PLAN MANGT, INC. 38,667.07 AMERICAN CORRECTIONAL ASSOCIATION 35.00 / ANITA WEISBECK 57.72 ATLAS OFFICE PRODUCTS, INC. 79.43 / BRESNAN COMMUNICATIONS 21.23 BARTON STAM 421.80 / BOB BARKER COMPANY, INC. 787.43 BIG HORN COUNTY CES 306.54 / BIG HORN WATER 76.75 / BLAIR'S SUPER MARKET 648.04 BROKERS NATIONAL LIFE 498.60 / BRUCE N. "BO" BOWMAN 59.74 CALIFORNIA CONTRACTORS 116.00 / CANYON SPORTING GOODS 91.84 CAROL PICKETT 106.00 / THERMOPOLIS HARDWARE 553.90 COLONIAL SUPPLEMENTAL INS. 148.60 / VERIZON WIRELESS 98.64 VERIZON WIRELESS 39.33 / VERIZON WIRELESS 56.74 / VERIZON WIRELESS 279.83 VERIZON WIRELESS 137.67 / CREATIVE PRODUCT SOURCING, INC. 422.48 CROWLEY AIR SERVICE, LLC 4,720.85 / DEBRA A. GERHARTER 22.49 DEBORAH MILEK 342.99 / DON'S IGA 55.08 / ENGINEERING ASSOCIATES 893.50 EXPRESS POLICE SUPPLY, INC 323.91 / SHELL FLEET PLUS PROCESSING CENTER 536.34 FLEETPRIDE 1,384.61 / PINNACLE BANK OF THERMOPOLIS 38,793.95 FOOD SERVICES OF AMERICA 2,029.77 / FREMONT MOTOR COMPANY 1,005.58 MORTIMORE FUNERAL HOME 1,360.00 / GDA ENGINEERS 21,351.73 GOTTSCHE THERAPY REHAB WELLNESS 300.00 / GREENLINE EQUIPMENT, LLC 10,550.00 MOUNTAIN WEST BUSINESS SOLUTIONS 21.81 / MOUNTAIN WEST BUSINESS SOLUTIONS 30.87 HANS ODDE 149.01 / HOLLAND & HART LLP 10,000.00 HOT SPRINGS COUNTY TREASURER 358.09 HOT SPRINGS COUNTY HEALTH INS ACCT 57,512.40 HOT SPRINGS CO. SCHOOL DIST #1 8,854.61 / HUBERT COMPANY 3,494.03 R.L. HUDSON, LAND SURVEYOR 642.00 / INDEPENDENT RECORD 1,710.58 INDOFF INC. 922.79 / JADECO, INC. 214.16 / JENNIFER CHENEY 500.83 JERRY D. WILLIAMS 212.01 / JILL JACOBSON 1,375.00 / JOHN P. LUMLEY 541.13 JOHN P. WORRALL, P.C. 275.00 / JULIA'S RENTAL SALES & SERVICE INC. 231.00 KENNEDY ACE HARDWARE 289.99 / KNAPP SUPPLY & EQUIPMENT CO. 298.50 KREISERS INC 595.65 / LEXIS NEXIS 92.00 / HOLDING'S LITTLE AMERICA 134.45 MARCIA E. BEAN 36.63 / MARY A. GORDON 350.17 / MARY L. SCHEIBLE 1,254.96 MBA OF WYOMING 3,000.49 / MEADOW GOLD DAIRY 397.96 HOT SPRINGS CO. MEM. HOSPITAL 1,346.90 / MESSENGER & JUROVICH, P.C. 607.65 MICKEYJEAN FORD 36.35 / MIKE GULAR 104.20 / MOORE MEDICAL, LLC 68.93 NACCHO DISTRIBUTION CENTER 6.75 / NEVE'S UNIFORMS, INC. 388.59 NIELSEN OIL CO., INC. 904.00 / O'REILLY AUTO PARTS 23.40 O'REILLY AUTO PARTS 22.95 / THE OFFICE SHOP, INC 4,347.41 OWL LUMBER INC. 51.98 / ROCKY MOUNTAIN POWER 5,126.70 / PAMIDA 229.24 DANIEL J. PEBBLES 52.96 / PENNINGTON COUNTY SHERIFF'S OFFICE 6.88 PERFORMANCE AUTO & GLASS 229.68 / PERFORMANCE AUTO & GLASS 539.10 PERFORMANCE AUTO & GLASS 14.99 / PERFORMANCE AUTO & GLASS 38.60 PINNACLE BANK OF THERMOPOLIS 1,355.00 / PINNACLE BANK OF THERMOPOLIS 1,755.00 PLAINSMAN PRINTING & SUPPLY 1,671.07 / POSTMASTER 785.30 / POSTMASTER 380.99 POWER EQUIPMENT 3,000.00 / QUARTERMASTER, INC. 182.12 / QUILL CORPORATION 535.62 CENTURY LINK 650.52 / CENTURY LINK 5.74 / RAGG TAGGS 460.00 BEST WESTERN RAMKOTA HOTEL 87.90 / RANAE BALDES 69.93 GORRELL & HOPKINSON, P.C. 842.88 / RIVERTON TIRE & OIL CO., INC. 878.02 ROCKY MOUNTAIN POWER 6,427.00 / ROY A. KRAUSHAAR 30.00 RT COMMUNICATIONS, INC. 2,479.56 / SANDRA L BAKER 40.00 SANOFI PASTEUR, INC. 2,748.19 / SECRETARY OF STATE 30.00 SERLKAY PRINTING 35.00 / SHERI L. BARRETTE 30.00 / SHERRY DAIGLE 50.00 SHELLEY DEROMEDI 145.55 / SHOSHONE OFFICE SUPPLY 211.47 / SMILEMAKERS 65.98 THE STANDARD INS. CO. 1,416.49 / STEHLIN PLUMBING & CONTRACTING 135.00 SUPER CIRCUITS 63.12 / TEAM LABORATORY CHEMICAL CORP. 964.45 TEEPEE POOLS 318.00 / THERMOPOLIS-HOT SPRINGS COUNTY EDC 35,000.00 THERMOPOLIS HARDWARE 189.07 / THOMAS L. BENNETT, M.D. 3,440.00
8
THOMAS ALAN ROSSLER 298.30 / TOWN OF THERMOPOLIS 1,521.85 TRAVELING COMPUTERS, INC. 278.00 / TRI COUNTY TELEPHONE ASSOC,INC 334.29 VERIZON WIRELESS 34.31 / VERIZON WIRELESS 34.31 / VICKLUND PHARMACY 750.78 VICKI M. NICHOLS 55.00 / VISA - CARD ONE 2,262.39 / VISA - CARD TWO 4,290.95 VISA - CARD THREE 1,876.70 / VISA - CARD FOUR 462.70 / VISA - CARD FIVE 845.03 VISA - CARD SIX 365.59 / VISA - CARD SEVEN 61.42 / VISA 405.00 / VISA 168.50 WAVING AT YOU.COM 191.00 / WCS TELECOM 325.68 / WELD COUNTY SHERIFF 49.48 WHITE HORSE FEED & SEED LLC 43.99 / EMPLOYMENT TAX DIVISION 2,568.97 WYOMING CLERK OF DISTRICT COURT 40.00 / WYOMING.COM 95.00 WYOMING DIVISION OF 235.00 / ORCHARD TRUST COMPANY 4,919.26 / WYOMING GAS 461.68 WYONET INC. 113.95 / WYO RETIREMENT SYSTEM 22,628.30 036-NCPERS GROUP LIFE INS. 256.00 / WYOMING STATIONERY 32.15
9

MINUTES OF COUNTY COMMISSIONERS MEETINGSeptember 6, 2011

MINUTES OF COUNTY COMMISSIONERS MEETING
September 6, 2011