MINUTES OF COUNTY COMMISSIONERS MEETING April 17, 2012

STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		April 17, 2012
The Hot Springs Board of County Commissioners met in regular session on Tuesday, April 17, 2012 at 4:00 p.m. in the Commissioners Room at the Government Annex. Present were Commissioners Brad Basse, John Lumley and Mike Baker. Also present were County Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant to the Commissioners Penny Herdt. Chairman Basse led those present in the Pledge of Allegiance. Approval of Agenda John Lumley moved to approve the agenda with the following change: DELETE:Other Business7. Lane 3 IRP Draw Down Request #19 – Revised Mike Baker seconded the motion. Motion carried. Selection of WYECIP Project ESCO The Commissioners met with WYECIP representative John Canfield at 2:00 p.m. to review the process for interviewing the Energy Service Company candidates. Trane, Inc. and Ennovate, Inc. were interviewed at 3:00 and 3:30 prior to the start of the formal meeting. After the Commissioners meeting began, the Commissioners discussed the information gathered during the interviews with input from Mr. Canfield and Maintenance Foreman Chuck Carver. At the close of the discussion, John Lumley moved to retain Trane, Inc. as the ESCO for the WYECIP project, contingent upon Mr. Carver's further investigation of Trane's references. Mike Baker seconded the motion. Motion carried. Lane 3 Update Engineering Associates representative Ian Morrison reported that the contractor was good with May 21^st as the Notice to Proceed start date. Regarding the previously-discussed rural road width issue, additional gravel has been laid and bladed to bring the road width into accordance with the plans. Discussion ensued regarding timing for dedication of Lane 3 as a county road. Mike Baker moved to begin advertising for the dedication process as soon as possible. John Lumley seconded the motion. Discussion: Publication dates will be April 26, May 3 and May 10, with the 30-day public comment period beginning on the first date of publication. The public hearing on the county road dedication will be held at the regular Commissioners meeting on June 5, 2012. Motion carried. Public Hearing – Hensley Land Use Change Request Planner Bo Bowman reviewed the details of the land use change requested by Cody and Lindsey Hensley. The Hensleys propose to establish two businesses on their property – a feed store and a metal salvage operation, and wish to change two parcels of their land from agricultural use to commercial/industrial use. After a duly advertised public hearing in front of the Land Use Planning Board, the request has been forwarded to the Commissioners with no recommendation from the Planning Board. A record of the oral and written comments received during and after the Land Use Planning Board hearing was included in the Commissioners' packets for today's meeting. Chairman Basse declared the public hearing for the Hensley Land Use Change request open at 4:46 p.m., and reviewed the protocol to be followed during the hearing. The Commissioners expressed their disappointment in the Land Use Planning Board's failure to make a recommendation regarding the land use change. Applicant Cody Hensley told the Commissioners that, in light of the fact that the County Attorney had indicated that the proposed businesses extended beyond the intent of the home-occupation language in the County's Land Use Plan, he would like to withdraw the land use change request for the 3.0 acre parcel of land located in the northwest corner of his property originally proposed for storage of vehicles awaiting dismantling for recycling. At this time the Hensleys are only requesting a land use change from ag to commercial for the 2.0 acre section of land located in the northeast corner of the property to be used as a feed store and metal recycling area. 1 Verbal comments opposing the land use change request were received from Weldon Althoff, John Roden, Jr., Warren Smith and Shannon Robinson. Hensley neighbor Joe Casciato spoke in favor of the land use change request. The Hensleys answered several questions from the Commissioners and the County Attorney regarding their plans for the property. Lindsey Hensley presented the Commissioners with a letter from WYDOT indicating that the Hensleys are not currently in violation of the junkyard statutes. After three calls for further public comment, receiving none, Chairman Basse declared the public hearing closed at 6:00 p.m. The Commissioners thanked the Hensleys and members of the audience for their participation and agreed that the amount of information received necessitated a thorough review by each Commissioner individually before a decision could be made. County Attorney Williams emphasized that, as the hearing is closed, the Commissioners can no longer receive public input until a decision has been made. The matter was placed on the May 1^st agenda at which time a decision will be rendered. Airport Update Supplemental Environmental Assessment – GDA representative Jeremy Gilb discussed the supplemental EA required as a result of the relocation of the apron in the current airport design. A draft scope of work for the EA was presented for the Commissioners' review. The firm of Bernard-Dunkelberg completed the original EA, and is in no other way connected to the airport project, so GDA feels that Bernard- Dunkelberg is the most qualified company to do the supplemental EA and is recommending that the Commissioners hire B-D to complete the supplemental EA. A contract engaging the services of Bernard-Dunkelberg to perform the supplemental EA will be presented for consideration at the May 1^st Commissioners meeting. Ranch House Items – The Commissioners have inspected the ranch house and agree that it is not salvageable. As the electrical service is in Joe Holden's name, High Plains Power requires a letter from Mr. Holden agreeing to disconnection of service. Mr. Gilb is working on getting the letter from Mr. Holden. Mr. Gilb reported that he is currently working to obtain keys to the ranch house from the Holdens. GDA still hopes to include demolition of the ranch house in the initial fence project. There appears to be little in the way of items that can be salvaged prior to demolition of the house. An asbestos inspection will be performed and any required mitigation completed prior to demolition. Irrigation District Communication – Mr. Gilb has been working with Dave Deutz, State Engineer's Office, with regards to the drainage and irrigation systems on the property. He presented the options of piping or an open ditch for drainage and irrigation for the open area between the taxiway and the runway. Commissioner Baker pointed out that an open ditch would give neighbors the legal right to enter the airport property at will for ditch access and maintenance. He would prefer piping. Mr. Gilb agreed that piping would be preferable until or unless a ditch becomes necessary due to cost. The State Engineer's Office and the Irrigation District are both amenable to GDA's current plan to combine drainage and irrigation areas as this will make more water available for irrigation. WYDOT Road Update – The access permit has been signed, but not yet received by GDA or Hot Springs County. Construction of a turnaround and road closure gate will be governed by a Memorandum of Agreement with WYDOT as opposed to a cooperative agreement. Power will be provided by High Plains Power – solar is not acceptable to WYDOT for this project. Commissioner Basse asked about WYDOT's snow removal priority for Highway 120. Mr. Gilb will investigate this and report back. Mr. Gilb will consult with the Holdens regarding options for re-establishment of their all-weather paved access road per the purchase agreement. Commissioner Basse confirmed the Commission's desire to seed the shoulder area between the pavement areas per RFI #3. AGIS/Obstruction Survey – Mr. Gilb indicated a need for a scoping meeting in the near future with the FAA to determine a start date for the AGIS/Obstruction Survey. Fence Project – Discussion was held regarding the type of posts to be used for the airport fencing. Commissioner Baker felt that treated wood posts are the only reasonable choice due to the corrosive effects of the soil on the site. Mr. Gilb indicated that he felt treated metal posts would be effective in some areas. He will investigate cost differences and report back. Work continues on design and engineering for the initial fencing project. Other Business Land Use Planning Board Member Resignation – Tom Anderson has submitted his resignation from the LUPB due to time constraints. John Lumley moved to accept Mr. Anderson's resignation with sincere regret, and authorize Clerk Odde to advertise the open position. Mike Baker seconded the motion. Discussion: a letter will be sent to Mr. Anderson thanking him for his service to the county. Motion carried. 2 Appoint BHB Nature & Discovery Center Joint Powers Board Members – John Lumley moved to reappoint Vicki Herren and Mary Scheible to the BHB Nature & Discovery Center Joint Powers Board. Mike Baker seconded the motion. Motion carried. Appoint Natural Resource Planning Committee Members – Two applications have been received for open positions on the NRPC. Mike Baker moved to appoint DeLoyd Quarberg and Randy Wahler to the NRPC. John Lumley seconded the motion. Motion carried. Award Commissioners Scholarships - The Commissioners reviewed the six applications received for the 2012 County Commissioners Freshman Scholarships. Three recipients were chosen, as well as three alternates. Names of the scholarship winners will be announced at the Hot Springs County School District's Senior Awards Night Ceremony to be held on Tuesday, May 15, 2012. Commissioner Brad Basse will present the scholarships at Awards Night. Designate Guardians Ad Litem Office Space – Per a request from Stacey Obrecht, Guardians Ad Litem Director, the Commissioners discussed the availability of office space to be used by the GAL program on an as-needed basis. Having discussed the matter with District Court Clerk Terri Cornella, John Lumley moved to approve the use of the Harlow/Yellowbear room on the third floor of the courthouse as office space on an as-needed basis by the Guardians Ad Litem Program. Mike Baker seconded the motion. Motion carried. USFS Grass Creek Road Maintenance Agreement – Modification #2 – Clerk Odde presented the annual agreement with the U.S. Forest Service providing funding to the County for maintenance of the Grass Creek Road by the county Road & Bridge department. The County Attorney has reviewed and approved this modified agreement. John Lumley moved to approve the Chairman's signature on Modification #2 of the Maintenance Agreement for Grass Creek Road between the U.S. Forest Service and Hot Springs County providing funding in the amount of $8,000.00. Mike Baker seconded the motion. Motion carried. Correspondence Big Brothers/Big Sisters – Fish For Kids Sake Event Fairboard Minutes Wyoming Game & Fish – AIS Training Dates HSC Planner – Denton Replat Approval Notification Bureau of Reclamation – Runoff Forecast WYDOT – District 5 Updated Organization Chart Library Board Minutes Thermopolis FFA – Banquet Invitation James Gores & Associates – Ed Steele LPA Certification Announcement Airport Operations Report – March, 2012 The Commissioners reviewed the foregoing correspondence. No further action was required. Adjournment There being no further business to come before the Board of County Commissioners at this time, John Lumley moved to adjourn. Chairman Basse declared the meeting adjourned at 7:20 p.m.
		Attest:

Brad Basse, Chairman		Hans Odde, Clerk to the Board
3

MINUTES OF COUNTY COMMISSIONERS MEETING
April 17, 2012

STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

April 17, 2012

The Hot Springs Board of County Commissioners met in regular session on Tuesday, April 17, 2012 at 4:00 p.m. in the Commissioners Room at the Government Annex.

Present were Commissioners Brad Basse, John Lumley and Mike Baker. Also present were County Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant to the Commissioners Penny Herdt.

Chairman Basse led those present in the Pledge of Allegiance.

Approval of Agenda

John Lumley moved to approve the agenda with the following change:

DELETE:Other Business7. Lane 3 IRP Draw Down Request #19 – Revised

Mike Baker seconded the motion. Motion carried.

Selection of WYECIP Project ESCO

The Commissioners met with WYECIP representative John Canfield at 2:00 p.m. to review the process for interviewing the Energy Service Company candidates. Trane, Inc. and Ennovate, Inc. were interviewed at 3:00 and 3:30 prior to the start of the formal meeting. After the Commissioners meeting began, the Commissioners discussed the information gathered during the interviews with input from Mr. Canfield and Maintenance Foreman Chuck Carver. At the close of the discussion, John Lumley moved to retain Trane, Inc. as the ESCO for the WYECIP project, contingent upon Mr. Carver's further investigation of Trane's references. Mike Baker seconded the motion. Motion carried.

Lane 3 Update

Engineering Associates representative Ian Morrison reported that the contractor was good with May 21^st as the Notice to Proceed start date. Regarding the previously-discussed rural road width issue, additional gravel has been laid and bladed to bring the road width into accordance with the plans. Discussion ensued regarding timing for dedication of Lane 3 as a county road. Mike Baker moved to begin advertising for the dedication process as soon as possible. John Lumley seconded the motion. Discussion: Publication dates will be April 26, May 3 and May 10, with the 30-day public comment period beginning on the first date of publication. The public hearing on the county road dedication will be held at the regular Commissioners meeting on June 5, 2012. Motion carried.

Public Hearing – Hensley Land Use Change Request

Planner Bo Bowman reviewed the details of the land use change requested by Cody and Lindsey Hensley. The Hensleys propose to establish two businesses on their property – a feed store and a metal salvage operation, and wish to change two parcels of their land from agricultural use to commercial/industrial use. After a duly advertised public hearing in front of the Land Use Planning Board, the request has been forwarded to the Commissioners with no recommendation from the Planning Board. A record of the oral and written comments received during and after the Land Use Planning Board hearing was included in the Commissioners' packets for today's meeting. Chairman Basse declared the public hearing for the Hensley Land Use Change request open at 4:46 p.m., and reviewed the protocol to be followed during the hearing. The Commissioners expressed their disappointment in the Land Use Planning Board's failure to make a recommendation regarding the land use change. Applicant Cody Hensley told the Commissioners that, in light of the fact that the County Attorney had indicated that the proposed businesses extended beyond the intent of the home-occupation language in the County's Land Use Plan, he would like to withdraw the land use change request for the 3.0 acre parcel of land located in the northwest corner of his property originally proposed for storage of vehicles awaiting dismantling for recycling. At this time the Hensleys are only requesting a land use change from ag to commercial for the 2.0 acre section of land located in the northeast corner of the property to be used as a feed store and metal recycling area.

Verbal comments opposing the land use change request were received from Weldon Althoff, John Roden, Jr., Warren Smith and Shannon Robinson. Hensley neighbor Joe Casciato spoke in favor of the land use change request. The Hensleys answered several questions from the Commissioners and the County Attorney regarding their plans for the property. Lindsey Hensley presented the Commissioners with a letter from WYDOT indicating that the Hensleys are not currently in violation of the junkyard statutes. After three calls for further public comment, receiving none, Chairman Basse declared the public hearing closed at 6:00 p.m. The Commissioners thanked the Hensleys and members of the audience for their participation and agreed that the amount of information received necessitated a thorough review by each Commissioner individually before a decision could be made. County Attorney Williams emphasized that, as the hearing is closed, the Commissioners can no longer receive public input until a decision has been made. The matter was placed on the May 1^st agenda at which time a decision will be rendered.

Airport Update

Supplemental Environmental Assessment – GDA representative Jeremy Gilb discussed the supplemental EA required as a result of the relocation of the apron in the current airport design. A draft scope of work for the EA was presented for the Commissioners' review. The firm of Bernard-Dunkelberg completed the original EA, and is in no other way connected to the airport project, so GDA feels that Bernard- Dunkelberg is the most qualified company to do the supplemental EA and is recommending that the Commissioners hire B-D to complete the supplemental EA. A contract engaging the services of Bernard-Dunkelberg to perform the supplemental EA will be presented for consideration at the May 1^st Commissioners meeting.
Ranch House Items – The Commissioners have inspected the ranch house and agree that it is not salvageable. As the electrical service is in Joe Holden's name, High Plains Power requires a letter from Mr. Holden agreeing to disconnection of service. Mr. Gilb is working on getting the letter from Mr. Holden. Mr. Gilb reported that he is currently working to obtain keys to the ranch house from the Holdens. GDA still hopes to include demolition of the ranch house in the initial fence project. There appears to be little in the way of items that can be salvaged prior to demolition of the house. An asbestos inspection will be performed and any required mitigation completed prior to demolition.
Irrigation District Communication – Mr. Gilb has been working with Dave Deutz, State Engineer's Office, with regards to the drainage and irrigation systems on the property. He presented the options of piping or an open ditch for drainage and irrigation for the open area between the taxiway and the runway. Commissioner Baker pointed out that an open ditch would give neighbors the legal right to enter the airport property at will for ditch access and maintenance. He would prefer piping. Mr. Gilb agreed that piping would be preferable until or unless a ditch becomes necessary due to cost. The State Engineer's Office and the Irrigation District are both amenable to GDA's current plan to combine drainage and irrigation areas as this will make more water available for irrigation.
WYDOT Road Update – The access permit has been signed, but not yet received by GDA or Hot Springs County. Construction of a turnaround and road closure gate will be governed by a Memorandum of Agreement with WYDOT as opposed to a cooperative agreement. Power will be provided by High Plains Power – solar is not acceptable to WYDOT for this project. Commissioner Basse asked about WYDOT's snow removal priority for Highway 120. Mr. Gilb will investigate this and report back. Mr. Gilb will consult with the Holdens regarding options for re-establishment of their all-weather paved access road per the purchase agreement. Commissioner Basse confirmed the Commission's desire to seed the shoulder area between the pavement areas per RFI #3.
AGIS/Obstruction Survey – Mr. Gilb indicated a need for a scoping meeting in the near future with the FAA to determine a start date for the AGIS/Obstruction Survey. Fence Project – Discussion was held regarding the type of posts to be used for the airport fencing. Commissioner Baker felt that treated wood posts are the only reasonable choice due to the corrosive effects of the soil on the site. Mr. Gilb indicated that he felt treated metal posts would be effective in some areas. He will investigate cost differences and report back. Work continues on design and engineering for the initial fencing project.

Other Business

Land Use Planning Board Member Resignation – Tom Anderson has submitted his resignation from the LUPB due to time constraints. John Lumley moved to accept Mr. Anderson's resignation with sincere regret, and authorize Clerk Odde to advertise the open position. Mike Baker seconded the motion. Discussion: a letter will be sent to Mr. Anderson thanking him for his service to the county. Motion carried.

Appoint BHB Nature & Discovery Center Joint Powers Board Members – John Lumley moved to reappoint Vicki Herren and Mary Scheible to the BHB Nature & Discovery Center Joint Powers Board. Mike Baker seconded the motion. Motion carried.
Appoint Natural Resource Planning Committee Members – Two applications have been received for open positions on the NRPC. Mike Baker moved to appoint DeLoyd Quarberg and Randy Wahler to the NRPC. John Lumley seconded the motion. Motion carried.
Award Commissioners Scholarships - The Commissioners reviewed the six applications received for the 2012 County Commissioners Freshman Scholarships. Three recipients were chosen, as well as three alternates. Names of the scholarship winners will be announced at the Hot Springs County School District's Senior Awards Night Ceremony to be held on Tuesday, May 15, 2012. Commissioner Brad Basse will present the scholarships at Awards Night.
Designate Guardians Ad Litem Office Space – Per a request from Stacey Obrecht, Guardians Ad Litem Director, the Commissioners discussed the availability of office space to be used by the GAL program on an as-needed basis. Having discussed the matter with District Court Clerk Terri Cornella, John Lumley moved to approve the use of the Harlow/Yellowbear room on the third floor of the courthouse as office space on an as-needed basis by the Guardians Ad Litem Program. Mike Baker seconded the motion. Motion carried.
USFS Grass Creek Road Maintenance Agreement – Modification #2 – Clerk Odde presented the annual agreement with the U.S. Forest Service providing funding to the County for maintenance of the Grass Creek Road by the county Road & Bridge department. The County Attorney has reviewed and approved this modified agreement. John Lumley moved to approve the Chairman's signature on Modification #2 of the Maintenance Agreement for Grass Creek Road between the U.S. Forest Service and Hot Springs County providing funding in the amount of $8,000.00. Mike Baker seconded the motion. Motion carried.

Correspondence

Big Brothers/Big Sisters – Fish For Kids Sake Event
Fairboard Minutes
Wyoming Game & Fish – AIS Training Dates
HSC Planner – Denton Replat Approval Notification
Bureau of Reclamation – Runoff Forecast
WYDOT – District 5 Updated Organization Chart
Library Board Minutes
Thermopolis FFA – Banquet Invitation
James Gores & Associates – Ed Steele LPA Certification Announcement
Airport Operations Report – March, 2012

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

Adjournment

There being no further business to come before the Board of County Commissioners at this time, John Lumley moved to adjourn. Chairman Basse declared the meeting adjourned at 7:20 p.m.

Attest:

Brad Basse, Chairman

Hans Odde, Clerk to the Board

MINUTES OF COUNTY COMMISSIONERS MEETINGApril 17, 2012

MINUTES OF COUNTY COMMISSIONERS MEETING
April 17, 2012