MINUTES OF COUNTY COMMISSIONERS MEETING November 15, 2011

STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		November 15, 2011
The Hot Springs Board of County Commissioners met in regular session on Tuesday, November 15, 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 Commissioner duties in Cheyenne. 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 with the following changes: ADD: Other Business 4. Class of 2012 HSC Hall of Fame Proclamation 5. High Plains Power Utility License Agreement – Power Pole ROW – Grass Creek Rd 6. Discuss Marathon Follow-Up Letter 7. STWDS Sub-Grantee Agreement Brad Basse seconded the motion. Motion carried. Sheriff’s Department Issues Sheriff Lou Falgoust and Officer Cindy Magelky returned to the Commissioners to discuss salary and budget issues carried over from the November 1st meeting. The Commissioners had expressed concern over the apparent disparity between the raises approved for courthouse employees and the salary increases given to Sheriff’s Department employees over the last few years. Clerk Odde stated that he had discussed the matter with Sheriff Falgoust and now had a better understanding of how the rank and step increases within the department affected the salary picture. Sheriff Falgoust pointed out that only two of his employees had been given increases beyond the Commissioners’ recommendation this year. The remaining salary increases were all due to step and rank movements. The Commissioners asked Sheriff Falgoust to be aware of the effect that salary increases beyond their recommendations tended to have on employee morale throughout the courthouse going forward. Regarding the money no longer available from the Rolling Stock line item for a Sheriff’s department vehicle, Sheriff Falgoust informed the Commissioners that there would be substantial unanticipated revenue this year from split sentencing contracts with the State, and asked if it would be possible to direct some of those funds toward a department vehicle. The split sentencing money flows directly to the County General Fund, so the only way for that to occur would be via a budget amendment at the end of the fiscal year. Sheriff Falgoust’s primary concern regarding vehicle replacement is that repairs and maintenance on the oldest vehicles tend to eat up a disproportionate amount of his annual budget. Commissioner Baker suggested holding off on any firm 1 decisions until Commissioner Lumley could be present and try to come up with a solution at that time. Sheriff Falgoust agreed to this suggestion. Commissioner Basse asked Sheriff Falgoust to go ahead and look into the cost of a new vehicle and review his budget to see how he might be able to pay for it. Officer Magelky stated that, in view of the current status of the department budget, she did not feel that it would be possible to shift money around to pay for a new vehicle this year without some type of budget amendment. PLTI Contract Marie McDougall and Carol Pickett presented the Parent Leadership Training Institute (PLTI) contract for the Commissioners’ approval. This contract has been reviewed by the County Attorney and his requested changes have been incorporated into the final contract. PLTI Site Coordinator Carol Pickett discussed the goals and activities of the PLTI program and indicated that there are currently 14 participants in the program. Copies of the curriculum and evaluations were provided to the Commissioners for their review. It is anticipated that the Parent Leadership Training Institute will be offered on an annual basis going forward. Mike Baker moved to approve the contract between the Wyoming Department of Health and Hot Springs County Public Health Nursing to provide funding for parent and family leadership training through the implementation of the PLTI initiative in Hot Springs County in the amount of $15,000.00 for the time period November 1, 2011 through May 31, 2012. Brad Basse seconded the motion. Motion carried. Consider Ennovate Decision Schedule Maintenance Foreman Chuck Carver presented the Decision Schedule from Ennovate Corporation for the Commissioners’ signature. This is the document that allows Ennovate to proceed with a feasibility study for energy efficiency projects within County properties. Mike Baker moved to approve the Decision Schedule with Ennovate Corporation. Brad Basse seconded the motion. Motion carried. Tax Rebate Assessor Shelley Deromedi presented the following tax rebate for the Commissioners’ approval. Rebate #31-11 – Philip H Schneider - 2140 Parcel #2140– Lots 1 & 2, Block 15, Original Townsite of Thermopolis, Hot Springs County, Wyoming, with improvements. Veteran’s exemption was not posted to this account, resulting in over-assessment of $3,000.00. Taxes in the amount of $208.87 need to be rebated. Mike Baker moved to approve Rebate #31-11 to Philip H. Schneider in the amount of $208.87. Brad Basse seconded the motion. Motion carried. GK Subdivision Final Plat Approval Planner Bo Bowman presented the final plat for the GK Subdivision for the Commissioners’ signature. All the requirements have been met and are noted as necessary on the plat. Mike Baker moved to approve the final plat for the GK Subdivision. Brad Basse seconded the motion. Motion carried. Consider Public Highways Resolution Planner Bowman presented a resolution developed by the NRPC for the Commissioners’ consideration. The NRPC members believe that the proposed 2 resolution allowing the County to recognize public roads that existed as of October, 1976 per an amendment in 2009 to Title 24 would be effective in preventing any future closures of public roads on public land, if such closure would be contrary to the County’s interests. The Commissioners agreed that the resolution ought to be thoroughly reviewed by the County Attorney prior to any action being taken in order to avoid any unintended consequences as the result of its enactment. County Attorney Williams took the proposed resolution for review. He will return with any comments when the review is completed, with an anticipated completion date of February 7, 2012. Bighorn Sage Grouse Working Group Vacancy With Lee Campbell’s retirement, the County representative position on the Bighorn Sage Grouse Working Group is vacant. As no one was quite sure what the procedure was for filling the vacancy, the Commissioners asked Planner Bowman to research the matter and report back at their next meeting. LGLP Board Ballot Action on this item was postponed to the first meeting in December when Commissioner Lumley will be present. Other Business County Flag – The Commissioners discussed acquiring an official County Flag to be used on the float in the 100th Anniversary State Fair Parade and other official events. Brad Basse donated the money to purchase an official flag for the County. Fairgrounds Lease – Clerk Odde presented the lease between the State Parks Division and Hot Springs County for the Fairgrounds. The County Attorney has reviewed the lease and his requested changes regarding insurance requirements have been incorporated into the final document. Mike Baker moved to approve the Fairgrounds Lease between Hot Springs County and the Department of State Parks & Cultural Resources in the amount of $100.00 per month for the time period May 15, 2010 through May 14, 2015. Brad Basse seconded the motion. Motion carried. NRPC Board Member Resignation – Terry Wilson submitted a letter of resignation from the Natural Resources Planning Committee, citing her inability to carry out her duties due to business and personal time constraints. Mike Baker moved to accept the resignation with regret and send a letter to Ms. Wilson expressing the Commissioners’ sincere appreciation for all the time and effort she has put into serving on the NRPC. Brad Basse seconded the motion. Motion carried. Class of 2012 Hot Springs County Hall of Fame Proclamation – The HSC Hall of Fame nominating committee has identified nominees for the 2012 Class of the HSC Hall of Fame and asked for a proclamation from the Commissioners for said Class. Mike Baker moved to issue a proclamation establishing the 2012 Class of the Hot Springs County Hall of Fame as follows: 2012 CLASS OF THE HOT SPRINGS COUNTY HALL OF FAME A PROCLAMATION WHEREAS the quality of life in a community is directly traceable to the contributions of its citizens; WHEREAS, it is the pleasure of the Hot Springs County Commissioners to recognize those who have made a significant contribution to this extraordinary community we call home; 3 WHEREAS, the search committee, which exists at the pleasure of the Commissioners, and is delegated to the local Thermopolis-Hot Springs County Chamber of Commerce for implementation, has identified five former and/or current citizens whose contributions qualify them for inclusion in the Hot Springs County Hall of Fame at this time; NOW, THEREFORE, I, John P. Lumley, Chairman, Hot Springs County Board of Commissioners do hereby proclaim the establishment of the 2012 Class of the Hot Springs County Hall of Fame. IT IS FURTHER PROCLAIMED, that the induction ceremony for the Class of 2012 will be celebrated on Saturday, January 21, 2012. In witness whereof, we have hereunto set our hands on this 15th day of November, 2011. ATTEST: John P. Lumley, ChairmanHans Odde, Brad Basse, Vice-ChairmanHot Springs County Clerk Mike Baker, Commissioner Brad Basse seconded the motion. Motion carried. High Plains Power Utility License Agreement – Grass Creek Road – Clerk Odde presented an application for a Power Line Right of Way Utility License Agreement from High Plains Power for work at a site on County Road 36 (Grass Creek Road). Road & Bridge Supervisor Ray Shaffer has reviewed and approved this application. No fees are required as the roadway will not be disturbed. Mike Baker moved to approve the Utility License Agreement between High Plains Power and Hot Springs County for a Power Line Right-of-Way on County Road 36 – Grass Creek Road. Brad Basse seconded the motion. Motion carried. Discuss Marathon Follow-Up Letter – On November 14th, the Commissioners and Dr. Bill Williams met with Marathon representatives to discuss the need for a hospital district. As a follow-up to that meeting, Commissioner Baker proposed that a letter be drafted to Marathon thanking them for taking the time to meet with the Commissioners, asking for a written response by a specific date regarding the level of their support for a hospital district and inviting them to come to Thermopolis and tour the current hospital facility so that they might have a better understanding of the pressing need for the formation of a hospital district. Some of Marathon’s other concerns that need to be addressed include the number of current/retired Marathon employees living in the county, the proximity of other hospitals in the area, and the costs associated with the recently-passed national health care bill. Commissioner Basse will start the draft process via email in anticipation of having a letter for approval at the December 6th meeting. STWSD Sub-Grantee Agreement – Clerk Odde presented the STWSD Sub-Grantee agreement for the Commissioners’ approval. This agreement has been requested by the Wyoming Business Council as part of the grant award for the STWSD expansion project. Mike Baker moved approval of the Sub-Agreement between the Hot Springs County Board of Commissioners and the South Thermopolis Water & Sewer District for the Wyoming Business Council grant award for the South Thermopolis Water System Expansion. Brad Basse seconded the motion. Motion carried. Correspondence HSCMH Foundation – Thank You Fair Board Minutes Museum Board Minutes 4 Trane, Inc. – WYECIP Information – Trane, Inc. is an approved energy project contractor with the WYECIP program. They are offering the same basic service as Ennovate, Inc. The Commissioners agreed that it would be prudent to offer Trane the same opportunity to provide an energy project audit that Ennovate is being given via the Decision Schedule signed earlier in the meeting. Mike Baker moved to approve the drafting of a letter to Trane outlining the agreement with Ennovate and offering to consider a similar proposal from Trane. Brad Basse seconded the motion. Discussion: it was suggested that a similar letter should be drafted to Ennovate notifying them of the opportunity being given to Trane. The maker of the motion concurred. Motion carried. Library Board Minutes The Commissioners reviewed the foregoing correspondence. No further action was required. Executive Session – Land Acquisition Mike Baker moved to enter Executive Session at 5:57 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, and Admin Herdt. GDA representative Dustin Spomer and attorney Larry Jones joined the Executive Session via telephone. Mike Baker moved to leave Executive Session at 7:00 p.m. Brad Basse seconded the motion. Motion carried. No action was taken during the Executive Session. 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 7:00 p.m.
		Attest:

John P. Lumley, Chairman		Hans Odde, Clerk to the Board
5

MINUTES OF COUNTY COMMISSIONERS MEETING
November 15, 2011

STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

November 15, 2011

The Hot Springs Board of County Commissioners met in regular session on Tuesday, November 15, 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 Commissioner duties in Cheyenne. 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 with the following changes:

ADD: Other Business 4. Class of 2012 HSC Hall of Fame Proclamation

5. High Plains Power Utility License Agreement – Power Pole ROW – Grass Creek Rd

6. Discuss Marathon Follow-Up Letter

7. STWDS Sub-Grantee Agreement

Brad Basse seconded the motion. Motion carried.

Sheriff’s Department Issues

Sheriff Lou Falgoust and Officer Cindy Magelky returned to the Commissioners to discuss salary and budget issues carried over from the November 1st meeting. The Commissioners had expressed concern over the apparent disparity between the raises approved for courthouse employees and the salary increases given to Sheriff’s Department employees over the last few years. Clerk Odde stated that he had discussed the matter with Sheriff Falgoust and now had a better understanding of how the rank and step increases within the department affected the salary picture. Sheriff Falgoust pointed out that only two of his employees had been given increases beyond the Commissioners’ recommendation this year. The remaining salary increases were all due to step and rank movements. The Commissioners asked Sheriff Falgoust to be aware of the effect that salary increases beyond their recommendations tended to have on employee morale throughout the courthouse going forward.
Regarding the money no longer available from the Rolling Stock line item for a Sheriff’s department vehicle, Sheriff Falgoust informed the Commissioners that there would be substantial unanticipated revenue this year from split sentencing contracts with the State, and asked if it would be possible to direct some of those funds toward a department vehicle. The split sentencing money flows directly to the County General Fund, so the only way for that to occur would be via a budget amendment at the end of the fiscal year. Sheriff Falgoust’s primary concern regarding vehicle replacement is that repairs and maintenance on the oldest vehicles tend to eat up a disproportionate amount of his annual budget. Commissioner Baker suggested holding off on any firm

decisions until Commissioner Lumley could be present and try to come up with a solution at that time. Sheriff Falgoust agreed to this suggestion. Commissioner Basse asked Sheriff Falgoust to go ahead and look into the cost of a new vehicle and review his budget to see how he might be able to pay for it. Officer Magelky stated that, in view of the current status of the department budget, she did not feel that it would be possible to shift money around to pay for a new vehicle this year without some type of budget amendment.

PLTI Contract

Marie McDougall and Carol Pickett presented the Parent Leadership Training Institute (PLTI) contract for the Commissioners’ approval. This contract has been reviewed by the County Attorney and his requested changes have been incorporated into the final contract. PLTI Site Coordinator Carol Pickett discussed the goals and activities of the PLTI program and indicated that there are currently 14 participants in the program. Copies of the curriculum and evaluations were provided to the Commissioners for their review. It is anticipated that the Parent Leadership Training Institute will be offered on an annual basis going forward. Mike Baker moved to approve the contract between the Wyoming Department of Health and Hot Springs County Public Health Nursing to provide funding for parent and family leadership training through the implementation of the PLTI initiative in Hot Springs County in the amount of $15,000.00 for the time period November 1, 2011 through May 31, 2012. Brad Basse seconded the motion. Motion carried.

Consider Ennovate Decision Schedule

Maintenance Foreman Chuck Carver presented the Decision Schedule from Ennovate Corporation for the Commissioners’ signature. This is the document that allows Ennovate to proceed with a feasibility study for energy efficiency projects within County properties. Mike Baker moved to approve the Decision Schedule with Ennovate Corporation. Brad Basse seconded the motion. Motion carried.

Tax Rebate

Assessor Shelley Deromedi presented the following tax rebate for the Commissioners’ approval.

Rebate #31-11 – Philip H Schneider - 2140 Parcel #2140– Lots 1 & 2, Block 15, Original Townsite of Thermopolis, Hot Springs County, Wyoming, with improvements. Veteran’s exemption was not posted to this account, resulting in over-assessment of $3,000.00. Taxes in the amount of $208.87 need to be rebated.

Mike Baker moved to approve Rebate #31-11 to Philip H. Schneider in the amount of $208.87. Brad Basse seconded the motion. Motion carried.

GK Subdivision Final Plat Approval

Planner Bo Bowman presented the final plat for the GK Subdivision for the Commissioners’ signature. All the requirements have been met and are noted as necessary on the plat. Mike Baker moved to approve the final plat for the GK Subdivision. Brad Basse seconded the motion. Motion carried.

Consider Public Highways Resolution

Planner Bowman presented a resolution developed by the NRPC for the Commissioners’ consideration. The NRPC members believe that the proposed

resolution allowing the County to recognize public roads that existed as of October, 1976 per an amendment in 2009 to Title 24 would be effective in preventing any future closures of public roads on public land, if such closure would be contrary to the County’s interests. The Commissioners agreed that the resolution ought to be thoroughly reviewed by the County Attorney prior to any action being taken in order to avoid any unintended consequences as the result of its enactment. County Attorney Williams took the proposed resolution for review. He will return with any comments when the review is completed, with an anticipated completion date of February 7, 2012.

Bighorn Sage Grouse Working Group Vacancy

With Lee Campbell’s retirement, the County representative position on the Bighorn Sage Grouse Working Group is vacant. As no one was quite sure what the procedure was for filling the vacancy, the Commissioners asked Planner Bowman to research the matter and report back at their next meeting.

LGLP Board Ballot

Action on this item was postponed to the first meeting in December when Commissioner Lumley will be present.

Other Business

County Flag – The Commissioners discussed acquiring an official County Flag to be used on the float in the 100th Anniversary State Fair Parade and other official events. Brad Basse donated the money to purchase an official flag for the County.
Fairgrounds Lease – Clerk Odde presented the lease between the State Parks Division and Hot Springs County for the Fairgrounds. The County Attorney has reviewed the lease and his requested changes regarding insurance requirements have been incorporated into the final document. Mike Baker moved to approve the Fairgrounds Lease between Hot Springs County and the Department of State Parks & Cultural Resources in the amount of $100.00 per month for the time period May 15, 2010 through May 14, 2015. Brad Basse seconded the motion. Motion carried.
NRPC Board Member Resignation – Terry Wilson submitted a letter of resignation from the Natural Resources Planning Committee, citing her inability to carry out her duties due to business and personal time constraints. Mike Baker moved to accept the resignation with regret and send a letter to Ms. Wilson expressing the Commissioners’ sincere appreciation for all the time and effort she has put into serving on the NRPC. Brad Basse seconded the motion. Motion carried.
Class of 2012 Hot Springs County Hall of Fame Proclamation – The HSC Hall of Fame nominating committee has identified nominees for the 2012 Class of the HSC Hall of Fame and asked for a proclamation from the Commissioners for said Class. Mike Baker moved to issue a proclamation establishing the 2012 Class of the Hot Springs County Hall of Fame as follows:

2012 CLASS OF THE HOT SPRINGS COUNTY HALL OF FAME
A PROCLAMATION

WHEREAS the quality of life in a community is directly traceable to the contributions of its citizens;
WHEREAS, it is the pleasure of the Hot Springs County Commissioners to recognize those who have made a significant contribution to this extraordinary community we call home;

WHEREAS, the search committee, which exists at the pleasure of the Commissioners, and is delegated to the local Thermopolis-Hot Springs County Chamber of Commerce for implementation, has identified five former and/or current citizens whose contributions qualify them for inclusion in the Hot Springs County Hall of Fame at this time;
NOW, THEREFORE, I, John P. Lumley, Chairman, Hot Springs County Board of Commissioners do hereby proclaim the establishment of the 2012 Class of the Hot Springs County Hall of Fame.
IT IS FURTHER PROCLAIMED, that the induction ceremony for the Class of 2012 will be celebrated on Saturday, January 21, 2012.
In witness whereof, we have hereunto set our hands on this 15th day of November, 2011.

ATTEST:
John P. Lumley, ChairmanHans Odde,
Brad Basse, Vice-ChairmanHot Springs County Clerk
Mike Baker, Commissioner
Brad Basse seconded the motion. Motion carried.

High Plains Power Utility License Agreement – Grass Creek Road – Clerk Odde presented an application for a Power Line Right of Way Utility License Agreement from High Plains Power for work at a site on County Road 36 (Grass Creek Road). Road & Bridge Supervisor Ray Shaffer has reviewed and approved this application. No fees are required as the roadway will not be disturbed. Mike Baker moved to approve the Utility License Agreement between High Plains Power and Hot Springs County for a Power Line Right-of-Way on County Road 36 – Grass Creek Road. Brad Basse seconded the motion. Motion carried.
Discuss Marathon Follow-Up Letter – On November 14th, the Commissioners and Dr. Bill Williams met with Marathon representatives to discuss the need for a hospital district. As a follow-up to that meeting, Commissioner Baker proposed that a letter be drafted to Marathon thanking them for taking the time to meet with the Commissioners, asking for a written response by a specific date regarding the level of their support for a hospital district and inviting them to come to Thermopolis and tour the current hospital facility so that they might have a better understanding of the pressing need for the formation of a hospital district. Some of Marathon’s other concerns that need to be addressed include the number of current/retired Marathon employees living in the county, the proximity of other hospitals in the area, and the costs associated with the recently-passed national health care bill. Commissioner Basse will start the draft process via email in anticipation of having a letter for approval at the December 6th meeting.
STWSD Sub-Grantee Agreement – Clerk Odde presented the STWSD Sub-Grantee agreement for the Commissioners’ approval. This agreement has been requested by the Wyoming Business Council as part of the grant award for the STWSD expansion project. Mike Baker moved approval of the Sub-Agreement between the Hot Springs County Board of Commissioners and the South Thermopolis Water & Sewer District for the Wyoming Business Council grant award for the South Thermopolis Water System Expansion. Brad Basse seconded the motion. Motion carried.

Correspondence

HSCMH Foundation – Thank You
Fair Board Minutes
Museum Board Minutes

Trane, Inc. – WYECIP Information – Trane, Inc. is an approved energy project contractor with the WYECIP program. They are offering the same basic service as Ennovate, Inc. The Commissioners agreed that it would be prudent to offer Trane the same opportunity to provide an energy project audit that Ennovate is being given via the Decision Schedule signed earlier in the meeting. Mike Baker moved to approve the drafting of a letter to Trane outlining the agreement with Ennovate and offering to consider a similar proposal from Trane. Brad Basse seconded the motion. Discussion: it was suggested that a similar letter should be drafted to Ennovate notifying them of the opportunity being given to Trane. The maker of the motion concurred. Motion carried.
Library Board Minutes

The Commissioners reviewed the foregoing correspondence. No further action was required.

Executive Session – Land Acquisition

Mike Baker moved to enter Executive Session at 5:57 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, and Admin Herdt. GDA representative Dustin Spomer and attorney Larry Jones joined the Executive Session via telephone. Mike Baker moved to leave Executive Session at 7:00 p.m. Brad Basse seconded the motion. Motion carried. No action was taken during the Executive Session.

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 7:00 p.m.

Attest:

John P. Lumley, Chairman

Hans Odde, Clerk to the Board

MINUTES OF COUNTY COMMISSIONERS MEETINGNovember 15, 2011

MINUTES OF COUNTY COMMISSIONERS MEETING
November 15, 2011