MINUTES OF COUNTY COMMISSIONERS MEETING December 4, 2012

STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		December 4, 2012
The Hot Springs County Board of Commissioners met in regular session on Tuesday, December 4, 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 and Administrative Assistant to the Commissioners Penny Herdt. County Attorney Jerry Williams joined the meeting later in the morning. Chairman 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: ADD: 6. Lane 3 Update c. Approve Pay Request #3 – Dave’s Asphalt d. Liquidated Damages Discussion John Lumley seconded the motion. Discussion: Chairman Basse noted that he would likely have to leave the meeting for approximately 30 minutes later in the morning for business reasons. Motion carried. Approval of Minutes John Lumley made a motion to approve the minutes of the regular meetings on November 6 and 20, 2012 as presented. Mike Baker seconded. Motion carried. Approve Bills The following bills were submitted for approval: (see attached). Payroll for November, 2012 - $159,606.65. Emergency Management Monthly Report Emergency Management Coordinator Bill Gordon was working in Dispatch and unavailable, so this report was postponed to the December 18^th meeting. Homeland Security Grants Clerk Odde presented the Homeland Security Emergency Management Performance Grant (EMPG) for the Commissioners’ approval. The County Attorney is reviewing the grant to approve it as to form. Mike Baker moved to approve the chairman’s signature on the OHS-EMP Grant #EMW-2012-EP-00068-S01 for the time period 10/01/11 – 03/31/2013 in the amount of $15,000.00. John Lumley seconded the motion. Discussion: approval is contingent on final approval as to form from the County Attorney. Motion carried. Clerk Odde presented the Homeland Security State Homeland Security Grant (SHGP) for the Commissioners’ approval. The County Attorney is reviewing the grant to approve it as to form. John Lumley moved to approve the chairman’s signature on the OHS-SHGP Grant #EMW-2012-SS-0151-S01 for the time period 09/01/12 – 05/31/14 in the amount of $21,538.19, contingent on final approval as to form from the County Attorney. Mike Baker seconded the motion. Motion carried. Clerk Odde presented the Homeland Security State Homeland Security Grant (SHSP) for the Commissioners’ approval. The County Attorney has reviewed the grant and has approved it as to form. Mike Baker moved to approve the chairman’s signature on the OHS-SHSP-Coroner Grant #EMW-2011- HOT-LC-HLC12 for the period 09/01/12 – 05/31/14 in the amount of $2,505.00. John Lumley seconded the motion. Motion carried. Maintenance Monthly Report Maintenance Foreman Chuck Carver reported that Christmas lighting display is up and working. There were no reported problems with the sewer system in the jail last month. The fall HVAC maintenance contracts have been completed. All necessary adjustments to the HVAC system resulting from the maintenance contract inspections have been completed. The crows have returned and are being dealt with on an as-needed basis. Mr. Carver reported that most of the excess accrued vacation time for his 1 staff has been used up at this point. Chairman Basse asked Mr. Carver to check with Trane, Inc. regarding some items suggested for the WYECIP energy project. Road and Bridge Monthly Report Road & Bridge Supervisor Ray Shaffer reported that his office is back to full staffing at this point. Mr. Shaffer asked what the Commissioners wanted to do about locking in the Brown pit as a continuing source of gravel for the county. Commissioner Baker will follow up on this issue before any decisions are made. The bridge project on Gooseberry Road is completed. Pictures will be provided next month. Two cattle guards and two culverts were also replaced on Gooseberry Road during this project. The new approach for Chris Paris on Owl Creek hill has been installed. The Road & Bridge department is working on installing updated signage for the recent fire number and road name updates. Road Mapping/Surveys – Mr. Shaffer asked again about surveying the roads in the county to build an accurate set of records. The Commissioners felt that there was not enough money in the budget at this time to pay an outside contractor for such a large project. Commissioner Baker suggested that, in light of his excellent work on the Road 19 issue, the Planner might be able to be of some help in this matter – at least as far as researching the rights of way, etc. The Commissioners agreed that when money was available for this project, the most critical, heavily-used roads should be done first, with the less critical roads being done as time and money permit. Mr. Shaffer will address this in his 2013-2014 budget submittal. Road Policy – Mr. Shaffer has sent inquiries to other R&B departments within the state regarding their road policies. He has only had one response (from Washakie County) and that county indicated they don’t have much in place in the way of an official set of policies, either. Mr. Shaffer will continue to work on drafting a set of guidelines for the county roads. Speed Limits – Road & Bridge representative Dave Schlager discussed the speed limits on county roads. If a speed study has not been done, speed limits are set statutorily at 65 mph for paved roads and 55 mph on gravel roads. Although different limits can be and are posted, without a speed study they are legally indefensible. Mr. Schlager and two other R&B employees have been certified to conduct these speed studies within the county. The certified techs will collect the information using borrowed equipment from UW, and then submit the collected data to UW for analysis and speed limit recommendations. This kind of study can be done in lieu of an engineering study to set legally defensible speed limits for roads within the county. The Commissioners encouraged Mr. Shaffer and Mr. Schlager to proceed with speed studies on the county roads as time and manpower permits, with studies being conducted on the highest priority roads first. Youth Alternatives Monthly Report Director Alan Rossler reported he currently has 13 participants in the diversion program and one participant on supervised probation. There were no 48-hour holds in November. Over the past year, the program has averaged roughly three new participants each month. VOA Director Craig Fisgus has notified Mr. Rossler that Hot Springs County will receive the State Juvenile Justice Advisory Council’s Excellence Award for 2013 at a ceremony in Riverton next September. Planner Monthly Report Planner Bo Bowman reported that the LUPB had forwarded the home occupation permit request from Gary and Brenda Peterman with a recommendation for approval. The NRPC will meet this month. The Natural Resources Plan update is nearly finished. Bo will update the charts and tables and then forward it to the Commissioners for review. After a review by the Commissioners, the revised plan will be sent to Karen Budd-Falen for a consistency review. Mr. Bowman reported that he had attended a refresher training/workshop in Worland put on by the DEQ last week. The comment period on the Shoshone Forest Plan is closed. Mr. Bowman has submitted his comments on the plan and provided copies of those comments to the Commissioners. The Commissioners thanked Mr. Bowman for his efforts in providing comments on the Shoshone Plan. County resident Brad Lofink requested a letter from Mr. Bowman to go along with his application for a State dealer’s license confirming that he is not prohibited by the County from selling vehicles on his property. Mr. Bowman provided the letter, with the caveat that, if the amount of vehicles being sold increases considerably, Mr. Lofink would need to look into a home occupation permit from the County. The Commissioners discussed with Mr. Bowman the possibility of his providing Mr. Shaffer with assistance in roads and rights of way research. Mr. Bowman will talk to Mr. Shaffer to determine how he might be of assistance. Regarding the Road 19 issue, Johnson County never adopted 2 this as a county road, so Mr. Bowman is now checking with Bighorn County to see if anything happened with this road in that county. Lane 3 Update Progress – The project is nearing completion. The south wall should be done and the signage and mailboxes should be installed by the end of the week. Liquidated Damages Discussion – Engineering Associates has presented an invoice for engineering fees related to liquidated damages on the Lane 3 project. After discussion with EA representative Ian Morrison, the Commissioners agreed to consider a meeting with EA and the contractor after final completion to work out how many days will be charged. Consider Certificate of Substantial Completion – EA presented the Certificate of Substantial Completion for the Lane 3 project for the Commissioners’ consideration. Mike Baker moved to approve the chairman’s signature on the Certificate of Substantial Completion dated November 12, 2012. John Lumley seconded the motion. Motion carried. Lane 3 Pay Request #3 – Dave’s Asphalt – Clerk Odde presented Pay Request #3 from Dave’s Asphalt for the Lane 3 project. Mike Baker moved to approve Lane 3 Pay Request #3 to Dave’s Asphalt in the amount of $378,353.50. John Lumley seconded the motion. Discussion: Chairman Basse asked for clarification of the item breakdown on the application, which Clerk Odde provided. Motion carried. Owl Creek Water District Updated Boundary Map Discussion OCWD representatives Bart Bader and Linda McCumber and Engineering Associates representative Cody Schaatz came before the Commissioners to discuss updating the District Boundary Map. The district has been receiving applications from property owners within the boundaries of the district whose property was originally not included in the district to now join the district, as well as inquiries from property owners whose property was originally included in the district who now wish to opt out of the district. The District Board would like to know what the Commissioners require of the petitioners to approve their inclusion in the district, and asked for clarification on the possibility of opting out of the district at this point. The County Attorney indicated that the OCWD Board would need to present a resolution accepting the petitions of those wanting to join the district for the Commissioners’ approval. Those wanting out of the district assume the burden of meeting very steep statutory requirements before the land can be removed and were encouraged to consult a lawyer to work through the removal petition process. Owl Creek Water District Inclusion Petitions In light of the previous discussion, this item was tabled until the January 8, 2013 meeting to enable the County Attorney to review the process and advise the Commissioners on how to proceed. Airport Update SRE Update – Brett and Tara Crowley appeared to give the Commissioners an update on the snow removal equipment. Lariat International has responded to the letter from the Commissioners in a very positive fashion. All requested repairs and adjustments have either been completed or are underway. The Crowleys thanked the Commissioners for their assistance in this matter. Mr. Crowley reported that the DEQ inspection for the airport is in progress. FAA– AIP #02 Request for Reimbursement #12– Clerk Odde presented FAA Request for Reimbursement #12 for the Commissioners’ approval. John Lumley moved to approve FAA Project 3-56-0043-02 RFR #12 in the amount of $221,724.00. Mike Baker seconded the motion. Motion carried. WYDOT - Aeronautics Division AIP-02-THP-11C-2807 Request for Reimbursement #12 – THP-11C – 2807 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #12 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11C-2807/FAA #3-56-0043-02 RFR #12 in the amount of $7,002.00. John Lumley seconded the motion. Motion carried. WYDOT - Aeronautics Division Request for Reimbursement #2 – AIP-02-THP-11B-2794 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #2 for State Project #THP-11B-2794 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11B-2794 RFR #2 in the amount of $78,683.00. John Lumley seconded the motion. Motion carried. Project Update – Phase I – Jeremy Gilb reported that the demolition portion of the project is finished and the demolition area is pretty well cleaned up. The fencing should be finished this week. The Holden’s primary access road will be usable before the winter shutdown takes place, which will probably be within 3 the next week. There will be a change order of approximately $17,000 - $20,000 coming for road material, temporary security gates and sign posts. At this time, the Phase I project is about 70% complete. Substantial completion date for the Phase I project is May 15, 2013. Action on relocation reimbursements awaits action by the Holdens. Project Update – Phase II – Mr. Gilb indicated that he expects between 5-8 bids will be received for the Phase II bid opening scheduled for 10:00 a.m. December 6, 2012. The bid tabulation will be completed and a recommendation is expected to be issued by the December 18^th Commissioners meeting. Phase II work is anticipated to commence around the end of January, beginning of February, 2014. Phase III – Engineering work has begun on Phase III of the airport project. The Commissioners gave Clerk Odde their approval to work with CH2M Hill on the Independent Fee Estimate review for Phase III upon receipt of the Scope of Work and Fees document from GDA. Live Scan Fingerprint Machine Sheriff Lou Falgoust presented the Commissioners with a request to participate in a program sponsored by the state DCI to assist counties with the acquisition of a Live Scan Fingerprint Machine. Use of this machine would provide fingerprint record results in 24 hours or less as compared to the current 10-14 day wait for results. The DCI will provide the machine and installation and the first year’s maintenance contract for the county. Thereafter, the county would be responsible for the annual maintenance contract at an annual cost of $6,433.00. As the costs of these types of shared items are split 50/50 with the Town of Thermopolis, it is anticipated that the county share would be $3,217.00 annually. John Lumley moved to proceed with the acquisition of the Live Scan Fingerprint Machine through the DCI’s program. Mike Baker seconded the motion. Discussion: the anticipated life span of this machine is 10+ years at the anticipated rate of usage in Hot Springs County. Motion carried. Other Business Consider Resolution 2012-11 Lodging Tax – After passage of the lodging tax question by the voters in the 2012 General Election, the Commissioners are required by state statute to pass a resolution imposing the lodging tax in Hot Springs County. John Lumley moved to approve resolution 2012-11 as follows: IMPOSING AN EXCISE TAX UPON THE SALES PRICE PAID FOR LODGING SERVICES RESOLUTION 2012-11 WHEREAS, Wyoming State Statute 39-15-203 and 204 allows for the imposition of an excise tax of up to 4% upon the sales price paid for lodging services which means the provision of sleeping accommodations to transient guests and shall include the providing of sites for the placement of tents, campers, trailers, mobile homes or other mobile sleeping accommodations for transient guests; WHEREAS, an excise tax of 4% has been approved by the electorate within Hot Springs County, Wyoming, November 6, 2012, and shall be voted upon at each second general election thereafter accordance to Wyoming Statute 39-15-203; and WHEREAS, under the provisions of Wyoming Statute 39-15-203(a) (ii) (D), since the proposition to impose the lodging tax shall be submitted, until defeated, at the second general election following the election at which the proposition was initially approved and at the general election held every four (4) years thereafter; and, WHEREAS, The proposition to impose the lodging tax was approved by the qualified electors of Hot Springs County, WY on November 6, 2012 the Board of County Commissioners in and for Hot Springs County, shall by resolution impose an excise tax upon the sales price for lodging services; and THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS IN AND FOR HOT SPRINGS COUNTY, WYOMING, to adopt and enact the following Ordinance Imposing a 4% excise tax upon the sales price paid for lodging services in Hot Springs County, Wyoming, authorized under Wyoming Statute 39-15-204 (a) (ii), to-wit: ADOPTED at the regularly scheduled meeting of the Board of County Commissioners in and for Hot Springs County, Wyoming, held on the 4^th day of December, 2012. BOARD OF COUNTY COMMISSIONERS IN AND FOR HOT SPRINGS COUNTY, WYOMING BY: Brad W. Basse, Chairman BY: Mike Baker, Vice Chairman BY: John P. Lumley, Member ATTEST: Hans Odde, County Clerk Mike Baker seconded the motion. Motion carried. Consider Resolution 2012-12 Transfer of School Bond Funds – This resolution has not been prepared yet, so this matter was tabled to the December 18^th meeting. Owl Creek Water District Water Supply Project CDBG Grant Draft Request # 13 – Clerk Odde presented Grant Draft Request #13 for the Owl Creek Water project. John Lumley moved to approve the 4 Wyoming Business Council Investment Ready Communities Grant Draft Request #13 for the Owl Creek Water District Water Supply project in the amount of $1,358.00. Mike Baker seconded the motion. Motion carried. Lane 3 Improvement Project SLIB Grant Draft Request #26 – Clerk Odde presented SLIB Grant Draft Request #26 for the Lane 3 project. Mike Baker moved to approve Grant Draft Request #26 for SLIB Grant #MRG-11008HS in the amount of $185,638.22. John Lumley seconded the motion. Motion carried. Lane 3 Improvement Project IRP Grant Draft Request #26 – Clerk Odde presented the IRP Grant Draft Request #26 for the Lane 3 project. John Lumley moved to approve Grant Draft Request #26 to WYDOT for the Lane 3, Phase 1 & 2, IRP-CN15020 in the amount of $201,017.92. Mike Baker seconded the motion. Motion carried. Armory Joint Powers Board Update – Mike Baker reported that, upon investigation, he has been unable to find any records confirming that the Armory was actually given to the Joint Powers Board as was planned in 2009. The State Parks division believes that they own the Armory at this time. Commissioner Baker will continue his research and will report back to the Commission when he has more information. Consider Request for New Plat Envelopes – Clerk Odde asked the Commissioners to consider purchasing new Plat Envelopes for the plat records storage cabinet. The current envelopes are apparently degrading and depositing an oily residue on the documents stored in them, causing potentially severe damage to the plats. As this was not a budgeted expense, but is necessary to meet the county’s legal responsibility to maintain the integrity of the records, he is asking to purchase the new envelopes out of Emergency Expenditures. John Lumley moved to authorize the Clerk to purchase new plat envelopes in the amount of $1,297.00, with funds to come from Emergency Expenditures. Mike Baker seconded the motion. Motion carried. Correspondence HSC Assessor – Ad Valorem Application Response HSC Treasurer – Revenue Report – October, 2012 National Guard – Final Site Inspection Report – Shooting Range The Commissioners reviewed the foregoing correspondence. No further action was required at this time. Adjournment There being no further business to come before the Board at this time, John Lumley moved to adjourn. Chairman Basse declared the meeting adjourned at 2:30 p.m.
		Attest:
_______________________________ Brad Basse, Chairman		_______________________________ Hans Odde, Clerk to the Board

MINUTES OF COUNTY COMMISSIONERS MEETING
December 4, 2012

STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

December 4, 2012

The Hot Springs County Board of Commissioners met in regular session on Tuesday, December 4, 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 and Administrative Assistant to the Commissioners Penny Herdt. County Attorney Jerry Williams joined the meeting later in the morning. Chairman 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:

ADD: 6. Lane 3 Update c. Approve Pay Request #3 – Dave’s Asphalt
d. Liquidated Damages Discussion

John Lumley seconded the motion. Discussion: Chairman Basse noted that he would likely have to leave the meeting for approximately 30 minutes later in the morning for business reasons. Motion carried.

Approval of Minutes

John Lumley made a motion to approve the minutes of the regular meetings on November 6 and 20, 2012 as presented. Mike Baker seconded. Motion carried.

Approve Bills

The following bills were submitted for approval: (see attached). Payroll for November, 2012 - $159,606.65.

Emergency Management Monthly Report

Emergency Management Coordinator Bill Gordon was working in Dispatch and unavailable, so this report was postponed to the December 18^th meeting.

Homeland Security Grants

Clerk Odde presented the Homeland Security Emergency Management Performance Grant (EMPG) for the Commissioners’ approval. The County Attorney is reviewing the grant to approve it as to form. Mike Baker moved to approve the chairman’s signature on the OHS-EMP Grant #EMW-2012-EP-00068-S01 for the time period 10/01/11 – 03/31/2013 in the amount of $15,000.00. John Lumley seconded the motion. Discussion: approval is contingent on final approval as to form from the County Attorney. Motion carried.
Clerk Odde presented the Homeland Security State Homeland Security Grant (SHGP) for the Commissioners’ approval. The County Attorney is reviewing the grant to approve it as to form. John Lumley moved to approve the chairman’s signature on the OHS-SHGP Grant #EMW-2012-SS-0151-S01 for the time period 09/01/12 – 05/31/14 in the amount of $21,538.19, contingent on final approval as to form from the County Attorney. Mike Baker seconded the motion. Motion carried. Clerk Odde presented the Homeland Security State Homeland Security Grant (SHSP) for the Commissioners’ approval. The County Attorney has reviewed the grant and has approved it as to form. Mike Baker moved to approve the chairman’s signature on the OHS-SHSP-Coroner Grant #EMW-2011- HOT-LC-HLC12 for the period 09/01/12 – 05/31/14 in the amount of $2,505.00. John Lumley seconded the motion. Motion carried.

Maintenance Monthly Report

Maintenance Foreman Chuck Carver reported that Christmas lighting display is up and working. There were no reported problems with the sewer system in the jail last month. The fall HVAC maintenance contracts have been completed. All necessary adjustments to the HVAC system resulting from the maintenance contract inspections have been completed. The crows have returned and are being dealt with on an as-needed basis. Mr. Carver reported that most of the excess accrued vacation time for his

staff has been used up at this point. Chairman Basse asked Mr. Carver to check with Trane, Inc. regarding some items suggested for the WYECIP energy project.

Road and Bridge Monthly Report

Road & Bridge Supervisor Ray Shaffer reported that his office is back to full staffing at this point. Mr. Shaffer asked what the Commissioners wanted to do about locking in the Brown pit as a continuing source of gravel for the county. Commissioner Baker will follow up on this issue before any decisions are made. The bridge project on Gooseberry Road is completed. Pictures will be provided next month. Two cattle guards and two culverts were also replaced on Gooseberry Road during this project. The new approach for Chris Paris on Owl Creek hill has been installed. The Road & Bridge department is working on installing updated signage for the recent fire number and road name updates.
Road Mapping/Surveys – Mr. Shaffer asked again about surveying the roads in the county to build an accurate set of records. The Commissioners felt that there was not enough money in the budget at this time to pay an outside contractor for such a large project. Commissioner Baker suggested that, in light of his excellent work on the Road 19 issue, the Planner might be able to be of some help in this matter – at least as far as researching the rights of way, etc. The Commissioners agreed that when money was available for this project, the most critical, heavily-used roads should be done first, with the less critical roads being done as time and money permit. Mr. Shaffer will address this in his 2013-2014 budget submittal.
Road Policy – Mr. Shaffer has sent inquiries to other R&B departments within the state regarding their road policies. He has only had one response (from Washakie County) and that county indicated they don’t have much in place in the way of an official set of policies, either. Mr. Shaffer will continue to work on drafting a set of guidelines for the county roads.
Speed Limits – Road & Bridge representative Dave Schlager discussed the speed limits on county roads. If a speed study has not been done, speed limits are set statutorily at 65 mph for paved roads and 55 mph on gravel roads. Although different limits can be and are posted, without a speed study they are legally indefensible. Mr. Schlager and two other R&B employees have been certified to conduct these speed studies within the county. The certified techs will collect the information using borrowed equipment from UW, and then submit the collected data to UW for analysis and speed limit recommendations. This kind of study can be done in lieu of an engineering study to set legally defensible speed limits for roads within the county. The Commissioners encouraged Mr. Shaffer and Mr. Schlager to proceed with speed studies on the county roads as time and manpower permits, with studies being conducted on the highest priority roads first.

Youth Alternatives Monthly Report

Director Alan Rossler reported he currently has 13 participants in the diversion program and one participant on supervised probation. There were no 48-hour holds in November. Over the past year, the program has averaged roughly three new participants each month. VOA Director Craig Fisgus has notified Mr. Rossler that Hot Springs County will receive the State Juvenile Justice Advisory Council’s Excellence Award for 2013 at a ceremony in Riverton next September.

Planner Monthly Report

Planner Bo Bowman reported that the LUPB had forwarded the home occupation permit request from Gary and Brenda Peterman with a recommendation for approval. The NRPC will meet this month. The Natural Resources Plan update is nearly finished. Bo will update the charts and tables and then forward it to the Commissioners for review. After a review by the Commissioners, the revised plan will be sent to Karen Budd-Falen for a consistency review. Mr. Bowman reported that he had attended a refresher training/workshop in Worland put on by the DEQ last week. The comment period on the Shoshone Forest Plan is closed. Mr. Bowman has submitted his comments on the plan and provided copies of those comments to the Commissioners. The Commissioners thanked Mr. Bowman for his efforts in providing comments on the Shoshone Plan. County resident Brad Lofink requested a letter from Mr. Bowman to go along with his application for a State dealer’s license confirming that he is not prohibited by the County from selling vehicles on his property. Mr. Bowman provided the letter, with the caveat that, if the amount of vehicles being sold increases considerably, Mr. Lofink would need to look into a home occupation permit from the County. The Commissioners discussed with Mr. Bowman the possibility of his providing Mr. Shaffer with assistance in roads and rights of way research. Mr. Bowman will talk to Mr. Shaffer to determine how he might be of assistance. Regarding the Road 19 issue, Johnson County never adopted

this as a county road, so Mr. Bowman is now checking with Bighorn County to see if anything happened with this road in that county.

Lane 3 Update

Progress – The project is nearing completion. The south wall should be done and the signage and mailboxes should be installed by the end of the week.
Liquidated Damages Discussion – Engineering Associates has presented an invoice for engineering fees related to liquidated damages on the Lane 3 project. After discussion with EA representative Ian Morrison, the Commissioners agreed to consider a meeting with EA and the contractor after final completion to work out how many days will be charged.
Consider Certificate of Substantial Completion – EA presented the Certificate of Substantial Completion for the Lane 3 project for the Commissioners’ consideration. Mike Baker moved to approve the chairman’s signature on the Certificate of Substantial Completion dated November 12, 2012. John Lumley seconded the motion. Motion carried.
Lane 3 Pay Request #3 – Dave’s Asphalt – Clerk Odde presented Pay Request #3 from Dave’s Asphalt for the Lane 3 project. Mike Baker moved to approve Lane 3 Pay Request #3 to Dave’s Asphalt in the amount of $378,353.50. John Lumley seconded the motion. Discussion: Chairman Basse asked for clarification of the item breakdown on the application, which Clerk Odde provided. Motion carried.

Owl Creek Water District Updated Boundary Map Discussion

OCWD representatives Bart Bader and Linda McCumber and Engineering Associates representative Cody Schaatz came before the Commissioners to discuss updating the District Boundary Map. The district has been receiving applications from property owners within the boundaries of the district whose property was originally not included in the district to now join the district, as well as inquiries from property owners whose property was originally included in the district who now wish to opt out of the district. The District Board would like to know what the Commissioners require of the petitioners to approve their inclusion in the district, and asked for clarification on the possibility of opting out of the district at this point. The County Attorney indicated that the OCWD Board would need to present a resolution accepting the petitions of those wanting to join the district for the Commissioners’ approval. Those wanting out of the district assume the burden of meeting very steep statutory requirements before the land can be removed and were encouraged to consult a lawyer to work through the removal petition process.

Owl Creek Water District Inclusion Petitions

In light of the previous discussion, this item was tabled until the January 8, 2013 meeting to enable the County Attorney to review the process and advise the Commissioners on how to proceed.

Airport Update

SRE Update – Brett and Tara Crowley appeared to give the Commissioners an update on the snow removal equipment. Lariat International has responded to the letter from the Commissioners in a very positive fashion. All requested repairs and adjustments have either been completed or are underway. The Crowleys thanked the Commissioners for their assistance in this matter. Mr. Crowley reported that the DEQ inspection for the airport is in progress.
FAA– AIP #02 Request for Reimbursement #12– Clerk Odde presented FAA Request for Reimbursement #12 for the Commissioners’ approval. John Lumley moved to approve FAA Project 3-56-0043-02 RFR #12 in the amount of $221,724.00. Mike Baker seconded the motion. Motion carried.
WYDOT - Aeronautics Division AIP-02-THP-11C-2807 Request for Reimbursement #12 – THP-11C – 2807 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #12 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11C-2807/FAA #3-56-0043-02 RFR #12 in the amount of $7,002.00. John Lumley seconded the motion. Motion carried.
WYDOT - Aeronautics Division Request for Reimbursement #2 – AIP-02-THP-11B-2794 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #2 for State Project #THP-11B-2794 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11B-2794 RFR #2 in the amount of $78,683.00. John Lumley seconded the motion. Motion carried.
Project Update – Phase I – Jeremy Gilb reported that the demolition portion of the project is finished and the demolition area is pretty well cleaned up. The fencing should be finished this week. The Holden’s primary access road will be usable before the winter shutdown takes place, which will probably be within

the next week. There will be a change order of approximately $17,000 - $20,000 coming for road material, temporary security gates and sign posts. At this time, the Phase I project is about 70% complete. Substantial completion date for the Phase I project is May 15, 2013. Action on relocation reimbursements awaits action by the Holdens.
Project Update – Phase II – Mr. Gilb indicated that he expects between 5-8 bids will be received for the Phase II bid opening scheduled for 10:00 a.m. December 6, 2012. The bid tabulation will be completed and a recommendation is expected to be issued by the December 18^th Commissioners meeting. Phase II work is anticipated to commence around the end of January, beginning of February, 2014.
Phase III – Engineering work has begun on Phase III of the airport project. The Commissioners gave Clerk Odde their approval to work with CH2M Hill on the Independent Fee Estimate review for Phase III upon receipt of the Scope of Work and Fees document from GDA.

Live Scan Fingerprint Machine

Sheriff Lou Falgoust presented the Commissioners with a request to participate in a program sponsored by the state DCI to assist counties with the acquisition of a Live Scan Fingerprint Machine. Use of this machine would provide fingerprint record results in 24 hours or less as compared to the current 10-14 day wait for results. The DCI will provide the machine and installation and the first year’s maintenance contract for the county. Thereafter, the county would be responsible for the annual maintenance contract at an annual cost of $6,433.00. As the costs of these types of shared items are split 50/50 with the Town of Thermopolis, it is anticipated that the county share would be $3,217.00 annually. John Lumley moved to proceed with the acquisition of the Live Scan Fingerprint Machine through the DCI’s program. Mike Baker seconded the motion. Discussion: the anticipated life span of this machine is 10+ years at the anticipated rate of usage in Hot Springs County. Motion carried.

Other Business

Consider Resolution 2012-11 Lodging Tax – After passage of the lodging tax question by the voters in the 2012 General Election, the Commissioners are required by state statute to pass a resolution imposing the lodging tax in Hot Springs County. John Lumley moved to approve resolution 2012-11 as follows:

IMPOSING AN EXCISE TAX UPON THE SALES PRICE PAID FOR LODGING SERVICES
RESOLUTION 2012-11

WHEREAS, Wyoming State Statute 39-15-203 and 204 allows for the imposition of an excise tax of up to 4% upon the sales price paid for lodging services which means the provision of sleeping accommodations to transient guests and shall include the providing of sites for the placement of tents, campers, trailers, mobile homes or other mobile sleeping accommodations for transient guests;
WHEREAS, an excise tax of 4% has been approved by the electorate within Hot Springs County, Wyoming, November 6, 2012, and shall be voted upon at each second general election thereafter accordance to Wyoming Statute 39-15-203; and
WHEREAS, under the provisions of Wyoming Statute 39-15-203(a) (ii) (D), since the proposition to impose the lodging tax shall be submitted, until defeated, at the second general election following the election at which the proposition was initially approved and at the general election held every four (4) years thereafter; and,
WHEREAS, The proposition to impose the lodging tax was approved by the qualified electors of Hot Springs County, WY on November 6, 2012 the Board of County Commissioners in and for Hot Springs County, shall by resolution impose an excise tax upon the sales price for lodging services; and
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS IN AND FOR HOT SPRINGS COUNTY, WYOMING, to adopt and enact the following Ordinance Imposing a 4% excise tax upon the sales price paid for lodging services in Hot Springs County, Wyoming, authorized under Wyoming Statute 39-15-204 (a) (ii), to-wit:
ADOPTED at the regularly scheduled meeting of the Board of County Commissioners in and for Hot Springs County, Wyoming, held on the 4^th day of December, 2012.
BOARD OF COUNTY COMMISSIONERS IN AND FOR HOT SPRINGS COUNTY, WYOMING
BY: Brad W. Basse, Chairman BY: Mike Baker, Vice Chairman BY: John P. Lumley, Member
ATTEST: Hans Odde, County Clerk

Mike Baker seconded the motion. Motion carried.
Consider Resolution 2012-12 Transfer of School Bond Funds – This resolution has not been prepared yet, so this matter was tabled to the December 18^th meeting.
Owl Creek Water District Water Supply Project CDBG Grant Draft Request # 13 – Clerk Odde presented Grant Draft Request #13 for the Owl Creek Water project. John Lumley moved to approve the

Wyoming Business Council Investment Ready Communities Grant Draft Request #13 for the Owl Creek Water District Water Supply project in the amount of $1,358.00. Mike Baker seconded the motion. Motion carried.
Lane 3 Improvement Project SLIB Grant Draft Request #26 – Clerk Odde presented SLIB Grant Draft Request #26 for the Lane 3 project. Mike Baker moved to approve Grant Draft Request #26 for SLIB Grant #MRG-11008HS in the amount of $185,638.22. John Lumley seconded the motion. Motion carried.
Lane 3 Improvement Project IRP Grant Draft Request #26 – Clerk Odde presented the IRP Grant Draft Request #26 for the Lane 3 project. John Lumley moved to approve Grant Draft Request #26 to WYDOT for the Lane 3, Phase 1 & 2, IRP-CN15020 in the amount of $201,017.92. Mike Baker seconded the motion. Motion carried.
Armory Joint Powers Board Update – Mike Baker reported that, upon investigation, he has been unable to find any records confirming that the Armory was actually given to the Joint Powers Board as was planned in 2009. The State Parks division believes that they own the Armory at this time. Commissioner Baker will continue his research and will report back to the Commission when he has more information. Consider Request for New Plat Envelopes – Clerk Odde asked the Commissioners to consider purchasing new Plat Envelopes for the plat records storage cabinet. The current envelopes are apparently degrading and depositing an oily residue on the documents stored in them, causing potentially severe damage to the plats. As this was not a budgeted expense, but is necessary to meet the county’s legal responsibility to maintain the integrity of the records, he is asking to purchase the new envelopes out of Emergency Expenditures. John Lumley moved to authorize the Clerk to purchase new plat envelopes in the amount of $1,297.00, with funds to come from Emergency Expenditures. Mike Baker seconded the motion. Motion carried.

Correspondence

HSC Assessor – Ad Valorem Application Response
HSC Treasurer – Revenue Report – October, 2012
National Guard – Final Site Inspection Report – Shooting Range

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

Adjournment

There being no further business to come before the Board at this time, John Lumley moved to adjourn. Chairman Basse declared the meeting adjourned at 2:30 p.m.

Attest:

_______________________________
Brad Basse, Chairman

_______________________________
Hans Odde, Clerk to the Board

KONE INC. 391.77 / IRIS L. CAVALLI 173.50 / LOLA B. CORDINGLY 173.50 VIOLA N. RYAN 173.50 / NELLIE CORLEY 198.67 / CAROL J. DOCKERY 213.15 AMERICAN JAIL ASSOCIATION 48.00 / BRUCO, INC. 406.00 / D & D MACHINE, INC. 29.15 AFLAC (ACCOUNT #HW652) 798.65 / STATE OF WYOMING - A&I 33.45 ALEXA A. HANSON 173.50 / ALICE J. BUNCH 195.15 ALLEGIANCE BENEFIT PLAN MANGT, INC. 77,791.51 / AMCOM 11,000.00 AMELIA A. DEROMEDI 38.00 / ANITA WEISBECK 34.97 APPLIED CONCEPTS, INC. 1,995.00 / ATLAS OFFICE PRODUCTS, INC. 266.34 BRESNAN COMMUNICATIONS 55.20 / BARBARA J. BENT 187.71 BARBARA A. MOELLER 173.50 / BARTON STAM 388.67 / BOB BARKER COMPANY, INC. 745.01 BIG HORN WATER 83.00 / BIG HORN ENERGY 3,402.30 / BETTY JEAN MARTINEZ 256.59 BLAIR'S SUPER MARKET 818.98 / BROKERS NATIONAL LIFE 522.10 CAROL M. SLAGLE 196.03 / CAROL A. WIDMAN 173.50 / CH2MHILL 2,500.00 CHARLES R. CURLEY 28.50 / CMI INC. 464.00 / CNA SURETY 620.00 THERMOPOLIS HARDWARE 448.06 / COLONIAL SUPPLEMENTAL INS. 148.60

VERIZON WIRELESS 55.81 / VERIZON WIRELESS 48.83 / VERIZON WIRELESS 57.91 VERIZON WIRELESS 167.86 / VERIZON WIRELESS 51.12 / TERESA K. CORNELLA 26.40 CINDY MAGELKY 73.39 / KOERWITZ, MICHEL, 10,800.00 CROWLEY AIR SERVICE, LLC 5,227.90 / DAVE'S ASPHALT 340,518.15 DAVE'S ASPHALT RETENTION 37,835.35 / DIGITAL ALLY 4,500.00 DONNA M. LOSSNER 173.50 / DORIS ANN READY 173.50 / ELLEN M. GALYAN 173.50 EMERGENCY COMMUNICATIONS 5,000.00 / ENGINEERING ASSOCIATES 24,782.84 ROCKY MOUNTAIN FIRE SYSTEMS, INC. 712.00 PINNACLE BANK OF THERMOPOLIS 37,322.51 / MORTIMORE FUNERAL HOME 420.00 GDA ENGINEERS 48,512.02 / GENEVA J. BAIRD 173.50 GOTTSCHE THERAPY REHAB WELLNESS 360.00 / MOUNTAIN WEST BUSINESS SOLUTIONS 98.28 MOUNTAIN WEST BUSINESS SOLUTIONS 16.78 / HI COUNTRY PRINTING 29.00 HIGH COUNTRY CONSTRUCTION INC 261,903.08 HOT SPRINGS COUNTY HEALTH INS ACCT 59,746.13 HOT SPRINGS CO. SCHOOL DIST #1 7,054.72 / INBERG-MILLER ENGINEERS 167.08 INDEPENDENT RECORD 2,261.30 / INDOFF INC. 669.48 / JILL JACOBSON-LOGAN 475.00 JOHN P. LUMLEY 548.87 / JOYCE A. KELLEY 173.50 / JUDY M. CRAMER 185.16 MARY KING 173.50 / LARRY R. SIPE, JR. 145.00 / LOU'S GLOVES, INC. 264.00 LYNN S. ALLEN 224.94 / MARY A. GORDON 157.10 / MARLENE T. CHRISTOFFERSON 38.00 MARY K. RYAN 28.50 / MARY L. SCHEIBLE 1,487.32 / MARIE MCDOUGALL 67.06 MEADOW GOLD BILLINGS 336.84 / HOT SPRINGS COUNSELING SERV. 200.00 MESSENGER & OVERFIELD 2,584.82 / MICHAEL F. KELLEY 173.50 NATIONAL DISTRICT ATTORNEYS ASSOC 95.00 / NIELSEN OIL CO., INC. 151.57 ONE STOP REPAIR & 105.05 / O'REILLY AUTO PARTS 6.19 THE OFFICE SHOP, INC 198.40 / OWL CREEK GRAPHICS 10.00 / OWL LUMBER INC. 207.43 OWL CREEK WATER DISTRICT 1,358.00 / ROCKY MOUNTAIN POWER 3,972.62 PERFORMANCE AUTO & GLASS 127.85 / PERFORMANCE AUTO & GLASS 20.00 PIZZA HUT 31.25 / PINNACLE BANK OF THERMOPOLIS 540.00 PINNACLE BANK OF THERMOPOLIS 2,115.00 / POCKET PRESS, INC. 78.42 POSTMASTER 330.00 / PRAIRIE PELLA WYOMING, LLC 748.00 / CENTURY LINK 651.82 REESE & RAY IGA 51.62 / GORRELL & HOPKINSON, P.C. 120.00 ROCKY MOUNTAIN INFORMATION NETWORK 50.00 / RT COMMUNICATIONS, INC. 2,170.93 J.A. SEXAUER INC. 970.04 / SHIRLEY A. LOVE-TOWERS 173.50 SHOSHONE OFFICE SUPPLY 665.46 / SHOPKO THERMOPOLIS 24.95 SIGNS OF SUTHERLAND AUTO 352.00 / THE STANDARD INS. CO. 1,435.50 STEHLIN PLUMBING & CONTRACTING 130.00 STATE OF WYOMING GUARDIANS AD LITEM 1,990.69 / SYBIL M. HANNAH 173.50 SYSCO MONTANA, INC. 2,312.38 / TEAM LABORATORY CHEMICAL CORP. 81.91 TEPEE POOLS 330.00 / THERMOPOLIS SINCLAIR 60.75 / TOWN OF THERMOPOLIS 1,028.60 TRAVELING COMPUTERS, INC. 155.49 / TRACTOR & EQUIPMENT 185.74 TRI COUNTY TELEPHONE ASSOC,INC 333.65 THOS. Y. PICKETT & COMPANY, INC. 1,650.00 / ULINE 771.23 VERIZON WIRELESS 44.69 / VERIZON WIRELESS 34.63 / VICKLUND PHARMACY 683.04 VISA - CARD ONE 376.32 / VISA - CARD TWO 291.15 / VISA - CARD THREE 912.04 VISA - CARD FIVE 653.09 / VISA - CARD SIX 15.25 / VISA 272.38 / VISA 5.27 WCS TELECOM 7.46 / WEST PAYMENT CENTER 121.10 WIRELESS ADVANCED COMMUNICATIONS 14,891.10 WYOMING DEPT. OF WORKFORCE SERVICES 2,379.73 WYOMING TAXPAYERS ASSOCIATION 100.00 / WYOMING ASSOCIATION OF COUNTY 100.00 WYOMING.COM 20.00 / WYOMING DIVISION OF 109.00 / ORCHARD TRUST COMPANY 5,179.26 WY DEPT. OF ENVIRONMENTAL 200.00 / WYOMING GAS 1,411.14 / WYONET INC. 113.95 WYO RETIREMENT SYSTEM 22,558.28 / 036-NCPERS GROUP LIFE INS. 352.00 WYOMING TECHNOLOGY TRANSFER CENTER 45.00

MINUTES OF COUNTY COMMISSIONERS MEETINGDecember 4, 2012

MINUTES OF COUNTY COMMISSIONERS MEETING
December 4, 2012