MINUTES OF COUNTY COMMISSIONERS MEETING May 1, 2012

STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		May 1, 2012
The Hot Springs County Board of Commissioners met in regular session on Tuesday, May 1, 2012 at 9:00 a.m. in the Commissioners Room at the Government Annex. Present were Commissioners Brad Basse, John Lumley and Mike Baker. Also present were County Clerk Hans Odde, County Attorney Jerry D. Williams and Administrative Assistant to the Commissioners Penny Herdt. Chairman Brad Basse led those present in the Pledge of Allegiance. Approval of Agenda Mike Baker made a motion to approve the agenda with the following changes: DELETE:Other Business1. Lane 3 IRP Draw Down Request #19 ADD:Other Business1. District Court Clerk Printer Request John Lumley seconded the motion. Motion carried. Approval of Minutes John Lumley made a motion to approve the minutes of the regular meetings on April 3 and 17 as presented. Mike Baker seconded. Motion carried. Approve Bills The following bills were submitted for approval: (see attached). Payroll for April, 2012 - $164,124.09. Emergency Management Monthly Report Emergency Management Coordinator Bill Gordon announced that Marian Lanik will be the new Local Emergency Planning Committee chairperson. The LEPC has been somewhat inactive lately, but Mr. Gordon expects that will change under the new chairperson. Mr. Gordon distributed the latest snowpack report for the state. In light of the low snowpack numbers and, therefore, potentially severe fire season, Mr. Gordon recommended that the Commissioners institute a county-wide fireworks ban early this year, and asked that the public report any smoke they observe to County Emergency Dispatch immediately. Finally, Mr. Gordon reminded the Commissioners of the statewide public health emergency exercise, "Operation Prairie Eagle" to be conducted May 15^th beginning at 10:00 a.m. at the Fairgrounds, and encouraged them to participate for at least part of the day. Nakamura Road Application The Commissioners took up the matter of the Nakamura Road application with the intention of ruling on the motion to dismiss filed by attorney John Davis and then making a determination whether to certify the matter to District Court or handle it within the Board of Commissioners. In addition to the Commissioners, attorney John Davis, landowner Dr. Vern Miller, and attorney Mike Barton (by phone) were in attendance for this item. John Lumley moved to enter deliberations as a judicial body to consider motions and actions in the Nakamura Road issue. Mike Baker seconded the motion. Motion carried. Attorney Davis indicated that he had made an error on his document submitted to the Commissioners regarding the Findings of Fact and Conclusions of Law. Mr. Davis asked to replace the original document with an amended document wherein the phrase "Motion to Dismiss Application is GRANTED" is replaced with "Application of the Nakamura Trust be TABLED". The Commissioners accepted the amended document for review. After extensive discussion, John Lumley moved that the Commissioners issue an Order tabling the application of the Nakamura Trust to May 15, 2012, and requesting both parties to make reasonable, good-faith efforts to negotiate the purchase of an easement to the lands in question prior to that date. Mike Baker seconded the motion. Discussion: tabling of the issue does not preclude acting on the Motion to Dismiss on May 15, 2012. Mike Baker moved to amend the motion to include the following: Written proof of these efforts is to be provided to the Commissioners not later than 5:00 p.m. on May 14, 2012. John Lumley seconded the motion. The amendment carried. Upon a vote, the amended motion carried. The full Order is available for viewing in the County Clerk's office. 1 Lane 3 Update Engineering Associates representative Heath Overfield reported that the contract documents are enroute from his office to the Clerk. After review by the County Attorney, the documents will be signed and bound into the spec books. The Notice to Proceed will be issued May 19^th . Publication for dedication of Lane 3 as a county road has begun. The resolution designating Lane 3 as a county road will be presented for consideration at the June 5, 2012 Commissioners meeting. Clerk Odde asked that Mr. Overfield provide a map to accompany the resolution setting out the location of the road. Public Health Nursing Services Memorandum of Understanding Public Health Nurse Marie McDougall presented the MOU between the State Public Health Nursing Division and Hot Springs County for the Commissioners' approval. This MOU delineates the State and County responsibilities in providing public health nursing services in Hot Springs County and HIPPA requirements for data collected in the provision of those services. The MOU runs from July 1, 2012 through June 30, 2014. The County Attorney has reviewed the MOU and approved as to form. John Lumley moved to approve the MOU between the Wyoming Department of Health, Public Health Division and Hot Springs County for Public Health Nursing Services as presented. Mike Baker seconded the motion. Motion carried. Mrs. McDougall discussed the need for the county to provide Workman's Compensation coverage for all participants in the upcoming Operation Prairie Eagle public health/emergency management statewide exercise. Premiums will be reimbursed through the Public Health Emergency Management Grant. The Commissioners agreed this was necessary. Clerk Odde will work with Mrs. McDougall to get this done. Hensley Land Use Change Application Chairman Basse reviewed the activity on the application to this point. As the Hensleys have withdrawn their request for a land use change on the 3.0 acre parcel in the northwest corner of the property from the application, all that remains to be considered is the land use change request for the 2.0 acre parcel in the northeast corner of the property from agricultural to Commercial/Industrial. The Commissioners have each independently completed the Absolute Land Use Policies Checklist and the Relative Land Use Policies Checklist provided in the county's Land Use Plan for use in determining whether or not to grant requested land use changes. After extensive discussion, Mike Baker moved to approve a land use change from agricultural to commercial use for a commercial feed store on 2.0 acres as shown on the map accompanying the change application. John Lumley seconded the motion. Discussion: Upon questioning by the Commissioners, the County Attorney expressed his opinion that separating the Commercial use from the Industrial use was entirely appropriate as they are two different uses. Motion carried unanimously. Discussion ensued regarding the change request to industrial use on this same parcel of land. Initial scoring for the industrial land use change was negative on all three Commissioners' checklists. However, the policy provides for the possibility of mitigation on negative issues, which allows the land use change to be considered instead of automatically denied. Mike Baker moved to approve the land use change from agricultural to industrial use for the parcel in question, provided the following conditions are met: Parking and driveway areas on the 2.0 acre Commercial/Industrial parcel shall be surfaced in gravel or a similar material, to reduce dust due to vehicle activity. If additional exterior lighting in the 2.0 acre Commercial/Industrial parcel is proposed, a lighting plan shall first be submitted for the review and approval of staff that provides illumination and security while minimizing the amount, direction, and intensity of light when viewed from off-site. The proposed activities shall not impact the unnamed natural drainage located between the barn and the highway. No salvage materials shall be placed in this drainage, or fluids be allowed to enter it. No more than three vehicles shall be displayed for sale at one time. The existing sign for the feed store may not be expanded in area, although sign content may change. A similar sign for the salvage business may also be placed on the building face, not to exceed the area of that now allowed for the feed store. No free-standing signs for these businesses shall occur on the property. All dismantling and storage of materials for recycling shall occur within a building. 2 The applicants shall provide for weekly solid waste removal, in a covered vehicle or trailer, to an approved landfill. Containers shall be screened, covered, or protected to prevent blowing trash. Should the proposed activities cease in the future, the Commercial and Industrial designations shall also cease. Any replacement industrial or commercial use on this property shall be reviewed by the County as a new Land Use Change proposal. A Weed Management Plan shall be submitted for the review and approval of staff. John Lumley seconded the motion. Discussion: The preceding conditions, when applied, bring the scoring on the Policies Checklists to zero. It was noted that if the conditions are not met on an ongoing basis, the land use change could be revoked and a fine of $750/day could be imposed for every day the conditions continued to be violated. Motion carried unanimously. Airport Update FAA Request for Reimbursement #5 – AIP #02 – Clerk Odde presented FAA Request for Reimbursement #5 for the Commissioners' approval. John Lumley moved to approve FAA Project 3-56-0043-02 RFR #5 in the amount of $138,979.00. Mike Baker seconded the motion. Motion carried. WYDOT - Aeronautics Division Request for Reimbursement #5 – AIP #02 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #5 for the Commissioners' approval. John Lumley moved to approve WYDOT-Aeronautics Division Project THP-11A-2807/FAA #3-56-0043-02 RFR #5 in the amount of $4,389.00. Mike Baker seconded the motion. Motion carried. Barnard Dunkelberg Scope of Work & Fee Schedule – Supplemental Environmental Assessment – Jeremy Gilb presented the Scope of Work and Fee Schedule for the Supplemental Environmental Assessment from Barnard-Dunkelberg for the airport project. After reviewing the documents, Mike Baker moved to approve the Draft Scope of Work and Fee Schedule from Barnard Dunkelberg for the Supplemental Environmental Assessment for the Hot Springs County Airport project. John Lumley seconded the motion. Discussion: the projected fee schedule totals $51,805.36. Motion carried. Mr. Gilb noted that prior to presenting the contract for the SEA to the Commissioners for approval, written approval of the contract would be obtained from the State and the FAA. GDA Engineers Addendum C to Amendment #1 to the Five-Year Generalized Agreement – Mr. Gilb presented Addendum C to Amendment #1 for the Commissioners' review. This addendum deals with changes in fees due to the outsourcing of the Supplemental Environmental Assessment. John Lumley moved to approve Addendum C to Amendment #1 to the Five-Year Generalized Agreement with GDA Engineers changing the amount in Sec. 3.0-Pre-Design Planning from $63,041.78 to $61,908.25. Mike Baker seconded the motion. Motion carried. Progress Update – Mr. Gilb reported that there is currently pending federal legislation to raise the Federal share of funding on General Aviation Airports back to 95% from the recently imposed 90% level. He will keep the Commissioners apprised of the status of that proposed legislation. Dustin Spomer asked the Commissioners to establish a "point of contact" for ongoing daily decision- making regarding relocation and re-establishment of the previous landowner and to set the level of authority that person would have to make these decisions. Mr. Spomer proposed that he would be that point of contact and would be responsible for organizing the payment requests, making recommendations on them and forwarding them to the Commissioners for approval at their regular meetings. The Commissioners agreed that Mr. Spomer would be most suited to being this point of contact and asked Mr. Spomer to put together a Scope of Work for this for consideration at their next meeting. Progress continues on planning for the fencing/demolition project, which Mr. Gilb hopes will commence later this summer. Maintenance Monthly Report Maintenance Foreman Chuck Carver reported that the backflow preventer on the library boiler system has been replaced. The glycol tank issues in the Annex Building seem to have been resolved. Wyoming Gas has removed the gas valve and manhole at the corner of the Courthouse parking lot. The lot will be regraveled and parking blocks reset prior to Three-On-Three this weekend. As requested, Mr. Carver has checked the references provided by Trane, Inc. and they all gave very good reports. 3 Road and Bridge Monthly Report Utility License Agreement – Mr. Shaffer presented an application from RT Communications for installation of telecommunication facilities along Buffalo Creek Road. All fees have been received and Mr. Shaffer has reviewed the application and has no problems with it. Mike Baker moved to approve the Utility License Agreement between RT Communications and Hot Springs County for work on Buffalo Creek Road/County Road 173. John Lumley seconded the motion. Motion carried. Road Name Changes – Mr. Shaffer reported that he had discussed the proposed name changes with the affected landowners in the southern and eastern parts of the county. The road off Lane 12 to Farmer's and DeVries' is a private road and the owner did not wish to have it named. The fire number issue on that road has been resolved with the landowners so no action is required there. The road off Coyote Run will be named North Coyote Run starting just after the Culp residence. The fire numbers have been adjusted on the Jochim property to meet the new standards. One of the landowners on the southeast road connecting to Birdseye Pass in Fremont County currently known as Grass Creek Road objected strenuously to changing the name to Birdseye Pass Road in Hot Springs County, so the proposed new name is East Grass Creek Road. Commissioner Lumley agreed to check with the other landowner regarding the suitability of this name prior to approving it. John Lumley moved to approve changing the name of the road off Coyote Run to North Coyote Run as delineated on Map #1 (attached). Mike Baker seconded the motion. Motion carried. Clerk Odde asked Mr. Shaffer if all further road name changes could be suspended for thirty days prior to the Primary Election and thirty days prior to the General Election. Mr. Shaffer agreed to do this. Pit Report – The NEPA process for the Wagonhound Pit expansion is nearly complete, so that permit should be granted by the end of the month. There is about 1000 yards of crushed gravel remaining in the pit, as well as roughly 1000 yards of cold mix, which must be used soon or it will become unusable. This will be used for grader patching and hand patching this summer. The gravel retriever has been performing very well on all the county roads. Spring blading has begun. The trackhoe has been rented and work has started on the Grass Creek road project. Mr. Shaffer did some checking with other counties regarding bidding oil for chipping projects. Many area counties are contracting out all their chipping projects. Park County does their own and contracts directly for their oil. Mr. Shaffer feels that the county gets the cheapest price on the best oil by contracting directly for the oil and handling the chipping projects in-house. He estimates an oil cost of roughly $300,000.00 for this year's needed projects. Commissioner Baker asked about the State Bridge Report. Mr. Shaffer indicated that the only bridge of concern is the Gooseberry Creek Bridge – the state would like to see railings put on the bridge, but he has no plans to do so as the people who use the bridge could not get their farm equipment across the bridge if railings were installed. The cap will be replaced later this summer. Youth Alternatives Monthly Report Director Alan Rossler reported that he currently has 19 participants in his program. There were no 48- hour holds in April. There are 14 in the Corrective Thinking Class at this time. There is still some concern over the Lander juvenile detention facility's closure at the end of June. There is the possibility of some changes at the Boys School in Worland to allow for short term detention requirements for boys at least. This is not firmed up yet, but is under consideration. County Planner Monthly Report Planner Bo Bowman reported that the NRPC continues work on the State and Federal lands portion of the Land Use Plan update, as well as looking at developing county regulations for geo-thermal activity. The NRPC has asked that Commissioner Baker occasionally provide them with updates on the activities of the Sage Grouse Working Group. Mr. Bowman indicated that the Land Use Planning Board is aware of the Commissioners' concern regarding their performance, and would like to schedule a worksession with the Commissioners to discuss their expectations and goals for the committee. LUPB Chairman Heath Overfield and Commissioner Basse will work out a time for this to happen. Mr. Bowman has been communicating with Maria Eastman regarding the availability of so-called "brownfields" grant money from the EPA for restoration of contaminated lands within the county. The Commissioners encouraged him to continue to research this program. Mr. Bowman has been working with Ray Shaffer on updating the Storm Water and Pollution Prevention Plan for the Road & Bridge shop and distributing it to those who are required to have a copy. 4 Consider Correspondence with Governor's Office – Casino Issues During the last teleconference with Holland & Hart, it was suggested that the Governor's office be asked to officially request the D.O.I.-Office of Indian Gaming to communicate directly to them any information and/or activities that may arise from the application of the Northern Arapaho tribe to take lands in Hot Springs County into trust for gaming and other purposes. The Commissioners would then ask that the Governor's office confirm that said request has been made and that any information received as a result of this request be passed along to them, so that everyone has access to all the available information inthis matter. Commissioner Baker will work with staff to draft the letter for consideration at the May 15^th meeting. Chairman Basse also requested that Commissioner Baker work with staff to develop information to update the press on the current status of the Lands Into Trust Application. Consider Tobacco Prevention Support Letter The Commissioners were presented with a draft letter stating their support of the Hot Springs County Tobacco Prevention Coalition. After reviewing the letter, John Lumley moved to approve the letter for signature. Mike Baker seconded the motion. Motion carried. Other Business District Court Clerk Printer Request – The District Court Clerk has notified the Commissioners that the printer supplied by the State Child Support Authority has broken down and needs to be replaced as soon as possible. It is not clear at this time whether the State will pay for a new printer, so Mrs. Cornella is requesting authorization from the Commissioners to purchase a replacement printer with County funds if the State declines to do so. John Lumley moved to authorize funds up to $500.00 from the Courthouse Equipment Budget for the Clerk of District Court to purchase a replacement Child Support dedicated printer if the State declines to pay for said replacement printer. Mike Baker seconded the motion. Motion carried. Owl Creek Water Project CDBG Grant Draft Request # 6 – Clerk Odde presented Grant Draft Request #6 for the Owl Creek Water project. Mike Baker moved to approve the Wyoming Business Council Investment Ready Communities Grant Draft Request #6 for the Owl Creek Water District project in the amount of $8,865.00. John Lumley seconded the motion. Motion carried. South Thermopolis Water & Sewer District CDBG Grant Draft Request # 1 & # 2 - Clerk Odde presented Grant Draft Requests #1 and #2 for the STWSD Expansion project. The grant draft request was submitted in two parts to ensure proper expense tracking for the various grants being used to fund the project. John Lumley moved to approve the Wyoming Business Council Investment Ready Communities Grant Draft Requests for the STWSD Expansion project in the amount of $2,835.00 for GDR #1 and $51,748.00 for GDR #2. Mike Baker seconded the motion. Motion carried. WYECIP Draft Investment Grade Audit Contract Review – A blank, draft contract for the Investment Grade Audit was presented for review by the Commissioners. The Investment Grade Audit is the next step in the WYECIP energy project process as approved by the Commissioners at their last meeting. Mike Baker moved to forward the contract to Trane, Inc. for completion, contingent on the County Attorney's approval as to form. John Lumley seconded the motion. Motion carried. Consider Guardians Ad Litem Memorandum of Understanding – Clerk Odde presented the MOU between the State Guardians Ad Litem program and Hot Springs County for the Commissioners' consideration. The MOU provides for a 75%-25% State/County split of GAL costs expended in the county, and sets out requirements for provision of office space for the program in the county. The MOU runs from July 1, 2012 through June 30, 2014. Although the Commissioners addressed the office space issue at their last meeting, Chairman Basse expressed some discomfort over the fact that the requirements stated in the MOU are much more onerous than those stated in an email from GAL director Stacey Obrecht to the Hot Springs County Commissioners dated April 4, 2012. The County Attorney will follow up with Ms. Obrecht to establish what the actual requirements for Hot Springs County will be prior to approval of the MOU at the next meeting. Establish Election Districts/Precincts – Clerk Odde reminded the Commissioners that they are required to establish county election districts/precincts prior to each election. There are no changes to be made to the District or Precinct boundaries this year. The three election districts and four precincts to be established by the Commissioners are as follows: District 1-Precinct 1-Ninth Street West to the city limits; District 1-Precinct 2-Ninth Street East to the city limits; District 2-Precinct 4-Rural County West; District 3-Precinct 3-Rural County East, East Thermopolis, Kirby, and the Lucerne area. John Lumley 5 moved to establish Election District 1 – Precincts 1 & 2, District 2 – Precinct 4 and District 3 – Precinct 3 with no boundary changes. Mike Baker seconded the motion. Motion carried. Correspondence Larry Marcott – Parliamentarian Services HSC Treasurer – Monthly Budget Report Wyoming Board of Ag – Living Legacy Program WYDOT – Bridge Inspection Report Wyoming Association of Conservation Districts – 2011 Watersheds Progress Report The Commissioners reviewed the foregoing correspondence items. No further action was taken on any of the items at this time. Adjournment There being no further business to come before the Board at this time, Chairman Basse declared the meeting adjourned at 3:05 p.m.
		Attest:
_______________________________ Brad Basse, Chairman		_______________________________ Hans Odde, Clerk to the Board

MINUTES OF COUNTY COMMISSIONERS MEETING
May 1, 2012

STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

May 1, 2012

The Hot Springs County Board of Commissioners met in regular session on Tuesday, May 1, 2012 at 9:00 a.m. in the Commissioners Room at the Government Annex.

Present were Commissioners Brad Basse, John Lumley and Mike Baker. Also present were County Clerk Hans Odde, County Attorney Jerry D. Williams and Administrative Assistant to the Commissioners Penny Herdt. Chairman Brad Basse led those present in the Pledge of Allegiance.

Approval of Agenda

Mike Baker made a motion to approve the agenda with the following changes:

DELETE:Other Business1. Lane 3 IRP Draw Down Request #19
ADD:Other Business1. District Court Clerk Printer Request

John Lumley seconded the motion. Motion carried.

Approval of Minutes

John Lumley made a motion to approve the minutes of the regular meetings on April 3 and 17 as presented. Mike Baker seconded. Motion carried.

Approve Bills

The following bills were submitted for approval: (see attached). Payroll for April, 2012 - $164,124.09.

Emergency Management Monthly Report

Emergency Management Coordinator Bill Gordon announced that Marian Lanik will be the new Local Emergency Planning Committee chairperson. The LEPC has been somewhat inactive lately, but Mr. Gordon expects that will change under the new chairperson. Mr. Gordon distributed the latest snowpack report for the state. In light of the low snowpack numbers and, therefore, potentially severe fire season, Mr. Gordon recommended that the Commissioners institute a county-wide fireworks ban early this year, and asked that the public report any smoke they observe to County Emergency Dispatch immediately. Finally, Mr. Gordon reminded the Commissioners of the statewide public health emergency exercise, "Operation Prairie Eagle" to be conducted May 15^th beginning at 10:00 a.m. at the Fairgrounds, and encouraged them to participate for at least part of the day.

Nakamura Road Application

The Commissioners took up the matter of the Nakamura Road application with the intention of ruling on the motion to dismiss filed by attorney John Davis and then making a determination whether to certify the matter to District Court or handle it within the Board of Commissioners. In addition to the Commissioners, attorney John Davis, landowner Dr. Vern Miller, and attorney Mike Barton (by phone) were in attendance for this item. John Lumley moved to enter deliberations as a judicial body to consider motions and actions in the Nakamura Road issue. Mike Baker seconded the motion. Motion carried. Attorney Davis indicated that he had made an error on his document submitted to the Commissioners regarding the Findings of Fact and Conclusions of Law. Mr. Davis asked to replace the original document with an amended document wherein the phrase "Motion to Dismiss Application is GRANTED" is replaced with "Application of the Nakamura Trust be TABLED". The Commissioners accepted the amended document for review. After extensive discussion, John Lumley moved that the Commissioners issue an Order tabling the application of the Nakamura Trust to May 15, 2012, and requesting both parties to make reasonable, good-faith efforts to negotiate the purchase of an easement to the lands in question prior to that date. Mike Baker seconded the motion. Discussion: tabling of the issue does not preclude acting on the Motion to Dismiss on May 15, 2012. Mike Baker moved to amend the motion to include the following: Written proof of these efforts is to be provided to the Commissioners not later than 5:00 p.m. on May 14, 2012. John Lumley seconded the motion. The amendment carried. Upon a vote, the amended motion carried. The full Order is available for viewing in the County Clerk's office.

Lane 3 Update

Engineering Associates representative Heath Overfield reported that the contract documents are enroute from his office to the Clerk. After review by the County Attorney, the documents will be signed and bound into the spec books. The Notice to Proceed will be issued May 19^th . Publication for dedication of Lane 3 as a county road has begun. The resolution designating Lane 3 as a county road will be presented for consideration at the June 5, 2012 Commissioners meeting. Clerk Odde asked that Mr. Overfield provide a map to accompany the resolution setting out the location of the road.

Public Health Nursing Services Memorandum of Understanding

Public Health Nurse Marie McDougall presented the MOU between the State Public Health Nursing Division and Hot Springs County for the Commissioners' approval. This MOU delineates the State and County responsibilities in providing public health nursing services in Hot Springs County and HIPPA requirements for data collected in the provision of those services. The MOU runs from July 1, 2012 through June 30, 2014. The County Attorney has reviewed the MOU and approved as to form. John Lumley moved to approve the MOU between the Wyoming Department of Health, Public Health Division and Hot Springs County for Public Health Nursing Services as presented. Mike Baker seconded the motion. Motion carried.
Mrs. McDougall discussed the need for the county to provide Workman's Compensation coverage for all participants in the upcoming Operation Prairie Eagle public health/emergency management statewide exercise. Premiums will be reimbursed through the Public Health Emergency Management Grant. The Commissioners agreed this was necessary. Clerk Odde will work with Mrs. McDougall to get this done.

Hensley Land Use Change Application

Chairman Basse reviewed the activity on the application to this point. As the Hensleys have withdrawn their request for a land use change on the 3.0 acre parcel in the northwest corner of the property from the application, all that remains to be considered is the land use change request for the 2.0 acre parcel in the northeast corner of the property from agricultural to Commercial/Industrial. The Commissioners have each independently completed the Absolute Land Use Policies Checklist and the Relative Land Use Policies Checklist provided in the county's Land Use Plan for use in determining whether or not to grant requested land use changes. After extensive discussion, Mike Baker moved to approve a land use change from agricultural to commercial use for a commercial feed store on 2.0 acres as shown on the map accompanying the change application. John Lumley seconded the motion. Discussion: Upon questioning by the Commissioners, the County Attorney expressed his opinion that separating the Commercial use from the Industrial use was entirely appropriate as they are two different uses. Motion carried unanimously. Discussion ensued regarding the change request to industrial use on this same parcel of land. Initial scoring for the industrial land use change was negative on all three Commissioners' checklists. However, the policy provides for the possibility of mitigation on negative issues, which allows the land use change to be considered instead of automatically denied. Mike Baker moved to approve the land use change from agricultural to industrial use for the parcel in question, provided the following conditions are met:

Parking and driveway areas on the 2.0 acre Commercial/Industrial parcel shall be surfaced in gravel or a similar material, to reduce dust due to vehicle activity.
If additional exterior lighting in the 2.0 acre Commercial/Industrial parcel is proposed, a lighting plan shall first be submitted for the review and approval of staff that provides illumination and security while minimizing the amount, direction, and intensity of light when viewed from off-site.
The proposed activities shall not impact the unnamed natural drainage located between the barn and the highway. No salvage materials shall be placed in this drainage, or fluids be allowed to enter it.
No more than three vehicles shall be displayed for sale at one time.
The existing sign for the feed store may not be expanded in area, although sign content may change. A similar sign for the salvage business may also be placed on the building face, not to exceed the area of that now allowed for the feed store. No free-standing signs for these businesses shall occur on the property.
All dismantling and storage of materials for recycling shall occur within a building.

The applicants shall provide for weekly solid waste removal, in a covered vehicle or trailer, to an approved landfill. Containers shall be screened, covered, or protected to prevent blowing trash.
Should the proposed activities cease in the future, the Commercial and Industrial designations shall also cease. Any replacement industrial or commercial use on this property shall be reviewed by the County as a new Land Use Change proposal.
A Weed Management Plan shall be submitted for the review and approval of staff.

John Lumley seconded the motion. Discussion: The preceding conditions, when applied, bring the scoring on the Policies Checklists to zero. It was noted that if the conditions are not met on an ongoing basis, the land use change could be revoked and a fine of $750/day could be imposed for every day the conditions continued to be violated. Motion carried unanimously.

Airport Update

FAA Request for Reimbursement #5 – AIP #02 – Clerk Odde presented FAA Request for Reimbursement #5 for the Commissioners' approval. John Lumley moved to approve FAA Project 3-56-0043-02 RFR #5 in the amount of $138,979.00. Mike Baker seconded the motion. Motion carried.
WYDOT - Aeronautics Division Request for Reimbursement #5 – AIP #02 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #5 for the Commissioners' approval. John Lumley moved to approve WYDOT-Aeronautics Division Project THP-11A-2807/FAA #3-56-0043-02 RFR #5 in the amount of $4,389.00. Mike Baker seconded the motion. Motion carried.
Barnard Dunkelberg Scope of Work & Fee Schedule – Supplemental Environmental Assessment – Jeremy Gilb presented the Scope of Work and Fee Schedule for the Supplemental Environmental Assessment from Barnard-Dunkelberg for the airport project. After reviewing the documents, Mike Baker moved to approve the Draft Scope of Work and Fee Schedule from Barnard Dunkelberg for the Supplemental Environmental Assessment for the Hot Springs County Airport project. John Lumley seconded the motion. Discussion: the projected fee schedule totals $51,805.36. Motion carried. Mr. Gilb noted that prior to presenting the contract for the SEA to the Commissioners for approval, written approval of the contract would be obtained from the State and the FAA.
GDA Engineers Addendum C to Amendment #1 to the Five-Year Generalized Agreement – Mr. Gilb presented Addendum C to Amendment #1 for the Commissioners' review. This addendum deals with changes in fees due to the outsourcing of the Supplemental Environmental Assessment. John Lumley moved to approve Addendum C to Amendment #1 to the Five-Year Generalized Agreement with GDA Engineers changing the amount in Sec. 3.0-Pre-Design Planning from $63,041.78 to $61,908.25. Mike Baker seconded the motion. Motion carried.
Progress Update – Mr. Gilb reported that there is currently pending federal legislation to raise the Federal share of funding on General Aviation Airports back to 95% from the recently imposed 90% level. He will keep the Commissioners apprised of the status of that proposed legislation. Dustin Spomer asked the Commissioners to establish a "point of contact" for ongoing daily decision- making regarding relocation and re-establishment of the previous landowner and to set the level of authority that person would have to make these decisions. Mr. Spomer proposed that he would be that point of contact and would be responsible for organizing the payment requests, making recommendations on them and forwarding them to the Commissioners for approval at their regular meetings. The Commissioners agreed that Mr. Spomer would be most suited to being this point of contact and asked Mr. Spomer to put together a Scope of Work for this for consideration at their next meeting. Progress continues on planning for the fencing/demolition project, which Mr. Gilb hopes will commence later this summer.

Maintenance Monthly Report

Maintenance Foreman Chuck Carver reported that the backflow preventer on the library boiler system has been replaced. The glycol tank issues in the Annex Building seem to have been resolved. Wyoming Gas has removed the gas valve and manhole at the corner of the Courthouse parking lot. The lot will be regraveled and parking blocks reset prior to Three-On-Three this weekend. As requested, Mr. Carver has checked the references provided by Trane, Inc. and they all gave very good reports.

Road and Bridge Monthly Report

Utility License Agreement – Mr. Shaffer presented an application from RT Communications for installation of telecommunication facilities along Buffalo Creek Road. All fees have been received and Mr. Shaffer has reviewed the application and has no problems with it. Mike Baker moved to approve the Utility License Agreement between RT Communications and Hot Springs County for work on Buffalo Creek Road/County Road 173. John Lumley seconded the motion. Motion carried.
Road Name Changes – Mr. Shaffer reported that he had discussed the proposed name changes with the affected landowners in the southern and eastern parts of the county. The road off Lane 12 to Farmer's and DeVries' is a private road and the owner did not wish to have it named. The fire number issue on that road has been resolved with the landowners so no action is required there. The road off Coyote Run will be named North Coyote Run starting just after the Culp residence. The fire numbers have been adjusted on the Jochim property to meet the new standards. One of the landowners on the southeast road connecting to Birdseye Pass in Fremont County currently known as Grass Creek Road objected strenuously to changing the name to Birdseye Pass Road in Hot Springs County, so the proposed new name is East Grass Creek Road. Commissioner Lumley agreed to check with the other landowner regarding the suitability of this name prior to approving it. John Lumley moved to approve changing the name of the road off Coyote Run to North Coyote Run as delineated on Map #1 (attached). Mike Baker seconded the motion. Motion carried. Clerk Odde asked Mr. Shaffer if all further road name changes could be suspended for thirty days prior to the Primary Election and thirty days prior to the General Election. Mr. Shaffer agreed to do this.
Pit Report – The NEPA process for the Wagonhound Pit expansion is nearly complete, so that permit should be granted by the end of the month. There is about 1000 yards of crushed gravel remaining in the pit, as well as roughly 1000 yards of cold mix, which must be used soon or it will become unusable. This will be used for grader patching and hand patching this summer. The gravel retriever has been performing very well on all the county roads. Spring blading has begun. The trackhoe has been rented and work has started on the Grass Creek road project. Mr. Shaffer did some checking with other counties regarding bidding oil for chipping projects. Many area counties are contracting out all their chipping projects. Park County does their own and contracts directly for their oil. Mr. Shaffer feels that the county gets the cheapest price on the best oil by contracting directly for the oil and handling the chipping projects in-house. He estimates an oil cost of roughly $300,000.00 for this year's needed projects. Commissioner Baker asked about the State Bridge Report. Mr. Shaffer indicated that the only bridge of concern is the Gooseberry Creek Bridge – the state would like to see railings put on the bridge, but he has no plans to do so as the people who use the bridge could not get their farm equipment across the bridge if railings were installed. The cap will be replaced later this summer.

Youth Alternatives Monthly Report

Director Alan Rossler reported that he currently has 19 participants in his program. There were no 48- hour holds in April. There are 14 in the Corrective Thinking Class at this time. There is still some concern over the Lander juvenile detention facility's closure at the end of June. There is the possibility of some changes at the Boys School in Worland to allow for short term detention requirements for boys at least. This is not firmed up yet, but is under consideration.

County Planner Monthly Report

Planner Bo Bowman reported that the NRPC continues work on the State and Federal lands portion of the Land Use Plan update, as well as looking at developing county regulations for geo-thermal activity. The NRPC has asked that Commissioner Baker occasionally provide them with updates on the activities of the Sage Grouse Working Group.
Mr. Bowman indicated that the Land Use Planning Board is aware of the Commissioners' concern regarding their performance, and would like to schedule a worksession with the Commissioners to discuss their expectations and goals for the committee. LUPB Chairman Heath Overfield and Commissioner Basse will work out a time for this to happen.
Mr. Bowman has been communicating with Maria Eastman regarding the availability of so-called "brownfields" grant money from the EPA for restoration of contaminated lands within the county. The Commissioners encouraged him to continue to research this program.
Mr. Bowman has been working with Ray Shaffer on updating the Storm Water and Pollution Prevention Plan for the Road & Bridge shop and distributing it to those who are required to have a copy.

Consider Correspondence with Governor's Office – Casino Issues

During the last teleconference with Holland & Hart, it was suggested that the Governor's office be asked to officially request the D.O.I.-Office of Indian Gaming to communicate directly to them any information and/or activities that may arise from the application of the Northern Arapaho tribe to take lands in Hot Springs County into trust for gaming and other purposes. The Commissioners would then ask that the Governor's office confirm that said request has been made and that any information received as a result of this request be passed along to them, so that everyone has access to all the available information inthis matter. Commissioner Baker will work with staff to draft the letter for consideration at the May 15^th meeting. Chairman Basse also requested that Commissioner Baker work with staff to develop information to update the press on the current status of the Lands Into Trust Application.

Consider Tobacco Prevention Support Letter

The Commissioners were presented with a draft letter stating their support of the Hot Springs County Tobacco Prevention Coalition. After reviewing the letter, John Lumley moved to approve the letter for signature. Mike Baker seconded the motion. Motion carried.

Other Business

District Court Clerk Printer Request – The District Court Clerk has notified the Commissioners that the printer supplied by the State Child Support Authority has broken down and needs to be replaced as soon as possible. It is not clear at this time whether the State will pay for a new printer, so Mrs. Cornella is requesting authorization from the Commissioners to purchase a replacement printer with County funds if the State declines to do so. John Lumley moved to authorize funds up to $500.00 from the Courthouse Equipment Budget for the Clerk of District Court to purchase a replacement Child Support dedicated printer if the State declines to pay for said replacement printer. Mike Baker seconded the motion. Motion carried.
Owl Creek Water Project CDBG Grant Draft Request # 6 – Clerk Odde presented Grant Draft Request #6 for the Owl Creek Water project. Mike Baker moved to approve the Wyoming Business Council Investment Ready Communities Grant Draft Request #6 for the Owl Creek Water District project in the amount of $8,865.00. John Lumley seconded the motion. Motion carried.
South Thermopolis Water & Sewer District CDBG Grant Draft Request # 1 & # 2 - Clerk Odde presented Grant Draft Requests #1 and #2 for the STWSD Expansion project. The grant draft request was submitted in two parts to ensure proper expense tracking for the various grants being used to fund the project. John Lumley moved to approve the Wyoming Business Council Investment Ready Communities Grant Draft Requests for the STWSD Expansion project in the amount of $2,835.00 for GDR #1 and $51,748.00 for GDR #2. Mike Baker seconded the motion. Motion carried.
WYECIP Draft Investment Grade Audit Contract Review – A blank, draft contract for the Investment Grade Audit was presented for review by the Commissioners. The Investment Grade Audit is the next step in the WYECIP energy project process as approved by the Commissioners at their last meeting. Mike Baker moved to forward the contract to Trane, Inc. for completion, contingent on the County Attorney's approval as to form. John Lumley seconded the motion. Motion carried.
Consider Guardians Ad Litem Memorandum of Understanding – Clerk Odde presented the MOU between the State Guardians Ad Litem program and Hot Springs County for the Commissioners' consideration. The MOU provides for a 75%-25% State/County split of GAL costs expended in the county, and sets out requirements for provision of office space for the program in the county. The MOU runs from July 1, 2012 through June 30, 2014. Although the Commissioners addressed the office space issue at their last meeting, Chairman Basse expressed some discomfort over the fact that the requirements stated in the MOU are much more onerous than those stated in an email from GAL director Stacey Obrecht to the Hot Springs County Commissioners dated April 4, 2012. The County Attorney will follow up with Ms. Obrecht to establish what the actual requirements for Hot Springs County will be prior to approval of the MOU at the next meeting.
Establish Election Districts/Precincts – Clerk Odde reminded the Commissioners that they are required to establish county election districts/precincts prior to each election. There are no changes to be made to the District or Precinct boundaries this year. The three election districts and four precincts to be established by the Commissioners are as follows: District 1-Precinct 1-Ninth Street West to the city limits; District 1-Precinct 2-Ninth Street East to the city limits; District 2-Precinct 4-Rural County West; District 3-Precinct 3-Rural County East, East Thermopolis, Kirby, and the Lucerne area. John Lumley

moved to establish Election District 1 – Precincts 1 & 2, District 2 – Precinct 4 and District 3 – Precinct 3 with no boundary changes. Mike Baker seconded the motion. Motion carried.

Correspondence

Larry Marcott – Parliamentarian Services
HSC Treasurer – Monthly Budget Report
Wyoming Board of Ag – Living Legacy Program
WYDOT – Bridge Inspection Report
Wyoming Association of Conservation Districts – 2011 Watersheds Progress Report

The Commissioners reviewed the foregoing correspondence items. No further action was taken on any of the items at this time.

Adjournment

There being no further business to come before the Board at this time, Chairman Basse declared the meeting adjourned at 3:05 p.m.

Attest:

_______________________________
Brad Basse, Chairman

_______________________________
Hans Odde, Clerk to the Board

BILLS – April, 2012
WORLAND CLEANERS & SUPPLY 12.40 / WACO WY ASSOC OF CO OFFICERS 300.00 HANSON'S FIRE EQUIPMENT 1,054.95 / HASCO INDUSTRIAL SUPPLY 78.00 UNIVERSITY OF WYOMING 9,678.00 / DEPARTMENT OF HEALTH 16,118.00 BRUCO, INC. 129.45 / RAMS HEAD FINANCIAL SERVICES 200.00 WYOMING DEPT OF AGRICULTURE 50.00 / GALLS, AN ARAMARK COMPANY 206.95 PERFORMANCE AUTO & GLASS, INC. 176.99 / AFLAC (ACCOUNT #HW652) 822.70 STATE OF WYOMING - A&I 62.80 / ALLEGIANCE BENEFIT PLAN MANGT, INC. 69,724.64 ANITA WEISBECK 121.45 / ATLAS OFFICE PRODUCTS, INC. 95.86 BRESNAN COMMUNICATIONS 55.20 / BARTON STAM 37.18 / BAYTECH/LABEL 66.14 BIG HORN WATER 102.50 / BLAIR'S SUPER MARKET 833.54 / PITNEY BOWES 2,000.00 BRAD W. BASSE 154.00 / BROKERS NATIONAL LIFE 498.60 / BRUCE N. "BO" BOWMAN 13.32 CAMERON SIMERAL 67.93 / CCI USERS GROUP 150.00 COUNTY DEPT OF PUBLIC HEALTH & ENV 105.00 / CINDY KEINERT 367.50 THERMOPOLIS HARDWARE 662.38 / COLONIAL SUPPLEMENTAL INS. 148.60 VERIZON WIRELESS 57.00 / VERIZON WIRELESS 50.48 / VERIZON WIRELESS 59.56 VERIZON WIRELESS 267.98 / VERIZON WIRELESS 51.11 / CINDY MAGELKY 163.30 CREATIVE PRODUCT SOURCING, INC. 176.58 / CROWLEY AIR SERVICE, LLC 4,827.69 DAVE SCHLAGER 75.60 / DEBRA A. GERHARTER 155.75 / DIGITAL ALLY 6,220.00 DON'S IGA 81.00 / ECONO SIGNS LLC 2,288.40 / ENGINEERING ASSOCIATES 1,208.80 ESRI, INC. 3,400.00 / FASTENAL COMPANY 203.70 SHELL FLEET PLUS PROCESSING CENTER 49.40 PINNACLE BANK OF THERMOPOLIS 38,295.09 / FOOD SERVICES OF AMERICA 1,825.21 FRANDSON SAFETY INC. 165.00 / GDA ENGINEERS 140,382.04 GOTTSCHE THERAPY REHAB WELLNESS 360.00 / MOUNTAIN WEST BUSINESS SOLUTIONS 64.06 HANS ODDE 35.52 / HOLLAND & HART LLP 20,000.00 HOLIDAY INN EXPRESS & SUITES 77.00 HOT SPRINGS COUNTY HEALTH INS ACCT 59,746.13 HOT SPRINGS CO. SCHOOL DIST #1 5,581.76 / INDEPENDENT RECORD 1,601.77 INDOFF INC. 180.35 / INTERSTATE ALL BATTERY 329.58 INTEGRA INFORMATION TECHNOLOGIES 98.94 / JENNIFER CHENEY 213.26 JERRY D. WILLIAMS 27.29 / JILL JACOBSON 1,225.00 / JOHN P. LUMLEY 404.56 LARRY SIPE 236.20 / MARCIA E. BEAN 93.91 / MARY L. SCHEIBLE 1,625.00
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MEADOW GOLD DAIRY 283.94 / HOT SPRINGS COUNSELING SERV. 900.00 MERCK & CO., INC. 530.28 / MESSENGER & OVERFIELD 1,403.66 MICKEYJEAN FORD 64.34 / MIKE BARTON 42.00 / NADA APPRAISAL GUIDES 211.00 NATIONAL BUSINESS SYSTEMS,INC. 660.63 / NATIONAL DISTRICT ATTORNEYS ASSOC 595.00 NEVE'S UNIFORMS, INC. 151.84 / NIELSEN OIL CO., INC. 311.80 O'REILLY AUTO PARTS 109.88 / THE OFFICE SHOP, INC 137.46 OWL CREEK GRAPHICS 285.33 / OWL CREEK WATER DISTRICT 8,865.00 ROCKY MOUNTAIN POWER 3,878.97 / PAMIDA 197.20 / PATTY HUGHES 120.00 PERFORMANCE AUTO & GLASS 533.17 / PENNY T. HERDT 295.38 / PIZZA HUT 34.22 PINNACLE BANK OF THERMOPOLIS 90.00 / PINNACLE BANK OF THERMOPOLIS 1,950.00 PLAINSMAN PRINTING & SUPPLY 922.49 / POSITIVE PROMOTIONS 599.24 POSTMASTER 1,520.50 / PREVENTIVE HEALTH & SAFETY DIVISION 20.00 PRINT ZONE 58.00 / QUARTERMASTER, INC. 39.98 / CENTURY LINK 651.10 CENTURY LINK 7.96 / GORRELL & HOPKINSON, P.C. 120.00 / ROSEMARY DE SEYN 408.44 RT COMMUNICATIONS, INC. 2,363.04 / SECRETARY OF STATE 30.00 SAMMY D. HAUF 158.40 / SHOSHONE OFFICE SUPPLY 984.73 SIMPSON, KEPLER & EDWARDS, LLC 5,911.50 HOT SPRINGS CO SENIOR CITIZENS INC 80.00 / STATE FARM INSURANCE 50.00 THE STANDARD INS. CO. 1,403.10 / STEHLIN PLUMBING & CONTRACTING 1,090.00 STATE OF WYOMING GURDIAN AD LITEM 1,557.79 SOUTH THERMOPOLIS WATER&SEWER DIST. 54,583.00 / TEEPEE POOLS 223.00 THOMAS L. BENNETT, M.D. 1,580.00 / TOWN OF THERMOPOLIS 1,041.06 TRI COUNTY TELEPHONE ASSOC,INC 334.29 / NORCO, INC. 101.90 VERIZON WIRELESS 34.60 / VERIZON WIRELESS 57.09 / VICKLUND PHARMACY 600.88 VICKLUND CAR CLINIC, INC. 72.35 / VISA - CARD ONE 580.07 / VISA - CARD TWO 62.92 VISA - CARD THREE 97.32 / VISA - CARD FOUR 451.01 / VISA - CARD FIVE 368.09 VISA - CARD SIX 70.75 / VISA - CARD SEVEN 329.48 / VISA 361.56 / VISA 23.65 VISA 51.32 / WCS TELECOM 358.92 / WEST PAYMENT CENTER 121.10 EMPLOYMENT TAX DIVISION 2,935.96 / WYOMING.COM 37.50 WYOMING CO. TREAS. ASSOC. 35.00 / WYOMING DIVISION OF 45.00 ORCHARD TRUST COMPANY 5,754.26 / WYOMING DEPARTMENT OF WORKFORCE 3,112.48 WYOMING GAS 1,922.01 / WYONET INC. 113.95 / WYO RETIREMENT SYSTEM 22,310.04 036-NCPERS GROUP LIFE INS. 256.00 / WYOMING STATIONERY 13.99 WYOMING TECHNOLOGY TRANSFER CENTER 55.00
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MINUTES OF COUNTY COMMISSIONERS MEETINGMay 1, 2012

MINUTES OF COUNTY COMMISSIONERS MEETING
May 1, 2012