MINUTES OF COUNTY COMMISSIONERS MEETING
November 20, 2012


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    November 20, 2012
The Hot Springs Board of County Commissioners met in regular session on Tuesday, November 20, 2012 at 4:00 p.m. in the Public Meeting 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 as presented. Mike Baker seconded the motion. Motion carried.

Airport Update
Correspondence Update – GDA representative Jeremy Gilb reported that formal written notification has been received from the FAA regarding Engineering Fee Approval, Concurrence of Award and Authority to Issue Notice to Proceed for the Phase I project.
Construction Water Update – Mr. Gilb stated that the County has obtained a construction water permit for a water source at the 8th Street bridge on the Bighorn River. This permit is good for two years, and has been reviewed and approved by Dave Deutz with the State Engineer’s Office. Investigation into the possibility of drilling a well to provide water for construction has not met with much encouragement from local drillers and geologists, so that has been removed from consideration at this time. If the river should go into regulation during the permit period, other options for water would include purchasing water from the Town of Thermopolis or the Town of Kirby.
Project Update – The Phase I project is well underway. The fencing is ahead of schedule. The Game fence should be completed next week. The access roads are under construction. GDA is asking the contractor to push for substantial completion as quickly as possible to meet the agreement with the Holdens for access. Final work on the roads will probably not occur until next spring. The construction water issues for Phase II seem to have been resolved, and GDA will issue an addendum to the bidding documents in this regard immediately. Opening date for the Phase II bids has been moved to December 6th. Engineering work has begun on Phase III, with an eye to a bid date of February/March, 2013. Phase III will include completion of runway paving, partial completion of the apron, and installation of runway lighting and nav-aids, etc. The airport would be able to be open for business upon completion of the Phase III project, which is estimated to occur by the end of 2014. The airport sign is in process and GDA hopes to have it finished and installed prior to the ground freezing this fall.
Relocation Update – Mr. Spomer reported that the progress currently waits on action by Mr. Holden. Mr. Spomer will communicate with the Third Party Negotiator prior to the next meeting and will have an update at that time.

Excess School Bond Funds
Treasurer Mickey Jean Ford appeared before the Commissioners to discuss the disposition of funds remaining in the School Bond account. The bonds have been paid off and there is approximately $289,094.27 remaining in the account, which cannot be used for anything else until the Commissioners approve moving the funds into the General Fund account. After discussion with the Treasurer and the County Attorney, John Lumley moved to authorize the
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Clerk to draft a resolution for approval by the Commissioners transferring all remaining funds and any accrued interest from the School Bond Fund account to the County General Fund. Mike Baker seconded the motion. Discussion: this resolution will be presented for approval at the December 4th Commission meeting. Motion carried.

Medical Insurance Fund Balance
Treasurer Ford reported that there is currently approximately $1.3 million in the medical insurance fund. This money is earning a fairly reasonable rate of interest at this time and is available for payment of medical insurance expenses. No action is requested or required of the Commissioners at this time – the Treasurer just wanted the Commissioners to be aware of the balance in the account as it is beyond what is required for payment of potential claims to the stop loss limit.

Road Name/Fire Number Changes
Ray Shaffer and Dan Webber appeared before the Commissioners to finalize changes to certain road names within the county, per the attached maps.
Mike Baker moved to approve the designation of the road currently known as Middle Fork (Rock Creek) Road as South Owl Creek Road, as shown on the attached map titled “South Owl Creek Road Map-2012”. John Lumley seconded the motion. Motion carried.
Mike Baker moved to name the road coming off of South Owl Creek Road Jones Flat Road as shown on the attached map titled “Jones Flat Road Map-2012”. John Lumley seconded the motion. Motion carried.
Mike Baker moved to designate the road heading northwest off of West Cottonwood Road Cottonwood Creek Road as shown on the attached map titled “Cottonwood Creek Road-2012”. John Lumley seconded the motion. Discussion: Fire numbers for Cottonwood Creek Road will be assigned starting at the intersection of Cottonwood Creek Road and West Cottonwood Road. Motion carried.
The fire number review on the west side of the county has been completed. There was only one objection presented at the public meeting held regarding the changes on November 8th. After consideration, that number will remain the same and the proposed changes will be implemented immediately.
The Commissioners thanked Mr. Shaffer and Mr. Webber for their work to bring the road names and fire numbers into alignment within the county.

Big Horn Basin Nature & Discovery Center Joint Powers Board Appointments
The appointments to the board for the County and the Town representatives expired in October, and those positions need to be filled. John Lumley moved to appoint Brad Basse as the County representative on the BHB Nature & Discovery Center Joint Powers Board. Mike Baker seconded the motion. Motion carried. Board member Vicki Herren is moving out of town and has submitted her resignation from her “at-large” position to the Commissioners and the Town of Thermopolis. John Lumley moved to accept Ms. Herren’s resignation, with regret. Mike Baker seconded the motion. Discussion: a letter will be sent to Ms. Herren thanking her for her service to the BHB NDC Joint Powers Board. Motion carried. Chairman Basse asked that Clerk Odde work with Fred Crosby at the Town to advertise for a new member of the Joint Powers Board. The Town and County representatives will review the applications and present their choice of appointee to the Town Council and County Commissioners for ratification.

WYECIP Financing Decision
Chairman Basse declared a conflict of interest in this matter due to his status as a contractor on this project, and member of the board of Big Horn Federal Savings Bank, a bidder on the financing for the project. Mr. Basse recused himself from any discussion and voting on the WYECIP financing proposals. Proposals were received from four area banks as follows:
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Bank of Thermopolis 5 Year Term - $400,000 – Interest rate of 3.58% Fixed – Fees =$5,500.00 – Prepayment Penalty = None
Big Horn Federal 5 Year Term - $400,000 – Interest rate of 3.08% Fixed – Fees =None – Prepayment Penalty = None
Central Bank & Trust 5 Year Term - $400,000 – Interest rate of 3.12% Fixed – Fees =None – Prepayment Penalty = None
Pinnacle Bank 5 Year Term - $400,000 – Interest rate of 2.95% Fixed – Fees =$1,510.00 – Prepayment Penalty = None
Trane representative Kim Ketchum participated in the discussion by conference call. After an extensive discussion regarding the length of the expected repayment period, the Commissioners concluded that the lack of fees would offset the slightly higher interest rate offered by Big Horn Federal if the loan is paid off in three years or less as anticipated at this time. John Lumley moved to accept the WYCEIP financing proposal from Big Horn Federal at an interest rate of 3.08% with no fees and no prepayment penalty. Mike Baker seconded the motion. Motion carried. Commissioner Brad Basse abstained from discussion and voting due to his previously declared conflicts of interest. Clerk Odde will work with Big Horn Federal representatives to finalize the financing contract. Mike Baker moved to begin negotiations with Trane on the Energy Performance Contract. John Lumley seconded the motion. Motion carried. Trane will draft the EPC and provide it to the lawyers as soon as it is completed to begin their review. It is hoped the contract can be presented for approval at the December 18th Commission meeting.

Public Discussion – Lane 12 Cattle Guard
Chairman Basse convened the discussion with local citizens regarding the removal of the cattle guard on Lane 12 earlier this year. Participating in the discussion were Commissioners Basse, Baker and Lumley, Road & Bridge Supervisor Ray Shaffer, and local citizens Jim Crandall, Phyllis Crandall, Mr. & Mrs. Richard Riggs, and Josh Heitzman. After extensive discussion, the Commissioners agreed that, in the absence of a specific policy regarding removal and/or replacement of cattle guards on county roads, no ad hoc removals or installation of cattle guards should take place until such a policy is developed and adopted.

Other Business
Lane 3 SLIB Grant Draft Request #25 – Amended – Clerk Odde presented the amended SLIB Grant Draft Request #25 for the Lane 3 project for the Commissioners’ approval. John Lumley moved to approve Amended SLIB Grant Draft Request #25 for the Lane 3 project in the amount of $55,525.22. Mike Baker seconded the motion. Motion carried.
Lane 3 IRP Grant Draft Request #25 – Amended – Clerk Odde presented the amended IRP Grant Draft Request #25 for the Lane 3 project for the Commissioners’ approval. Mike Baker moved to approve Amended IRP Grant Draft Request #25 for the Lane 3 project in the amount of $57,506.50. John Lumley seconded the motion. Motion carried.
LGLP Board Nominations – After discussion regarding the merits of the nominees, John Lumley moved to cast a ballot for Greg James and Bob Wood for the Municipal Elected Positions and Don Richards for the Special District position on the Local Government Liability Pool Board. Mike Baker seconded the motion. Motion carried.
Homeland Security LETPA Grant – Clerk Odde presented the Homeland Security Law Enforcement Terrorism Prevention Activities Grant for the Commissioners’ consideration. John Lumley moved to approve the OHS-LEPTA Grant between the State Office of Homeland Security and Hot Springs County – Sheriff’s Office in the amount of $4,139.73 for the time period September 1, 2012 through May 31, 2014. Mike Baker seconded the motion. Motion carried.
Homeland Security SHSP Grant – Clerk Odde presented the State Homeland Security Grant for FY 2012 for the Commissioners’ consideration. After review of the grant, it was discovered

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that the contract contained an incorrect mailing address. This item was tabled pending correction of the mailing address.
WYDOT-Aeronautics Grant #2945 Draw Down #1 – Groundbreaking – Clerk Odde presented the first and final draw down request for WYDOT Aeronautics Grant #2945. This is the 100% grant for expenses for the Groundbreaking ceremony. Mike Baker moved to approve Draw Down Request #1 for State Project THP-15X – Grant #2945 in the amount of $1,238.00. John Lumley seconded the motion. Discussion: Chairman Basse noted that groundbreaking expenses only used 25% of the available funds – the remainder will be reclaimed by the State. Motion carried.
Tax Exempt Status Determination – New Airport Land – A letter has been received from the Assessor asking the Commissioners to complete the “Ad Valorem Tax Exemption Application” for the new airport site. John Lumley moved to authorize the chairman’s signature on the application upon completion by the Clerk. Mike Baker seconded the motion. Motion carried.

Correspondence
Library Board Minutes – October/November
Lisa Kenney – VALIC – Thank You
LGLP – Termination of Employees
Fair Board Minutes – October, 2012
Senior Citizen Board Minutes – September, 2012
Town of East Thermopolis – Lodging Tax Board Appointment
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, Chairman Basse declared the meeting adjourned at 6:55 p.m.
Attest:
_______________________________
Brad Basse, Chairman
  _______________________________
Hans Odde, Clerk to the Board
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