MINUTES OF COUNTY COMMISSIONERS MEETING May 7, 2013

STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		May 7, 2013
The Hot Springs County Board of Commissioners met in regular session on Tuesday, May 7, 2013 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 Williams and Administrative Assistant to the Commissioners Penny Herdt. Chairman Basse led those present in the Pledge of Allegiance. Approval of Agenda John Lumley made a motion to approve the agenda as presented. Mike Baker seconded the motion. Motion carried. Approval of Minutes Mike Baker made a motion to approve the minutes of the regular meetings on April 2 and 16, and the Special meeting on April 22, 2013* as presented. John Lumley seconded the motion. Motion carried. Approve Bills The following bills were submitted for approval: (see attached). Payroll for April, 2013 - $160,247.10. Emergency Management Monthly Report Emergency Management Coordinator Bill Gordon reported that local radio station KTHE-1240 AM is no longer manned locally. Therefore, stations KWOR, KKLX and KYTS are being used as the local live emergency alert broadcast stations. Mr. Gordon indicated that he has plans for a significant public information advertising campaign in the near future. This campaign will provide the public with emergency notification information and information on testing of emergency communication equipment such as sirens within the county. The ads will also introduce the county’s Thermopolis 911 Facebook page. This Facebook page is strictly informational – not a two-way communication medium. The public information advertising will be paid for with Citizen Corps grant funds. Mr. Gordon stated that between the agreements with the radio stations, the Facebook page, CodeRED and the impending alert siren modifications, Hot Springs County is fully prepared to disseminate emergency information to the public. Mr. Gordon distributed a copy of his reply to the WYOLink survey to the Commissioners for their review. Maintenance Monthly Report Maintenance Foreman Chuck Carver reported that the curtain wall tin on the Law Enforcement Center has been repaired. Rocky Mountain Power has agreed to do a site survey on the light located between the Library and Ralph Witters Elementary and will present possible solutions. WYECIP Report – TRANE representative Dan Marshall has begun work on the project issues discussed at the last meeting and is making some progress. It appears that the new HVAC units ordered for the Counseling Center will have to be re-ordered, as the ones received have an incorrect efficiency rating. A new concrete pad for the units has been completed at the Counseling Center. Chairman Basse asked about a water pooling problem west and south of the squad room area at the LEC brought to his attention by Deputy Pebbles. Mr. Carver was unaware of the problem, but agreed to check it out. Chairman Basse complimented Mr. Carver on his quick resolution to an after-hours problem with the sallyport door last month. Road and Bridge Monthly Report Road & Bridge Supervisor Ray Shaffer reported that the archeological study on the Sand Draw pit area is finished, so he expects the permit to be issued by the end of the month. The annual DEQ pit inspection is scheduled for May 8^th. Mr. Shaffer notified the Commissioners that the DEQ is changing the collection method for the Annual Stormwater Pollution Plan fees charged to the county. In the past, these fees have been collected in arrears. Going forward they will be collected in advance, which means the fees will be twice as much this year, since last year’s fees and this year’s fees will be due at the same time. Clerk Odde asked Mr. Shaffer to ensure this is included in his budget submittal for the upcoming fiscal year. Most of the roads west of town have been bladed in the last month. When they are finished, Road & 1 Bridge will move on to the roads south of town. Mr. Shaffer reported he attended the WYDOT-sponsored Safety Congress/WACERS Meeting in Casper last month. At the meeting, Mr. Shaffer was informed that the County was not awarded the grant it applied for to do work on Black Mountain Road. He will reapply for this grant money prior to the next round of awards in October. Mr. Shaffer felt that it would be most helpful to have letters of support for the grant request from the federal agencies involved such as the BLM, Game & Fish, etc. WYDOT/LTAP is working with the Wyoming County Commissioners’ Association to complete a study on the condition of paved county roads that can be used as a source of information when discussing road funding requests with state legislators. It was suggested that Mr. Shaffer take our local legislators on a tour of Hot Springs County roads to help the legislators gain a better understanding of the county’s needs. Guardrail Project – WYDOT representative Matt Carlson has indicated that the guardrail project can be split into phases to make the most efficient use of available state funding. Engineering for the project will be provided by WYDOT. Grant funding for the project will be subject to a 90% State/10% County split. Mr. Shaffer will continue to work on the grant for this project with assistance from WYDOT representative Bart Evans. The paperwork needs to be submitted by September. Fire Season – Mr. Shaffer has sent two of his employees to “Red Card” training which will enable them to work with firefighters in the event that county equipment is needed to fight county fires this summer. Use of manpower and equipment is laid out in the various memorandums of understanding signed each year with state and federal agencies involved in firefighting within the county. Mr. Shaffer is working to get these agreements in place prior to the start of the fire season. Roads – WYDOT will be putting on a Gravel Roads Academy in Cody later this month. Mr. Shaffer will send one of his newer employees to this school. Mr. Shaffer has decided to put the mag product provided by the State for hosting last year’s Gravel Roads Academy on Grass Creek road for stabilization purposes. A different product (Base One) will be used on roads in need of stabilization in the southern part of the county this year. Mr. Shaffer noted that the Road & Bridge department has moved to their summer schedule working four ten-hour days per week. H Diamond W Camp Work – The camp lease has been rewritten to allow use of the camp by the general public. There are two cabins planned for construction at this time with more to follow at a later date. The H Diamond W Board has asked Mr. Shaffer if Road & Bridge could assist with the development of these cabin sites. Mr. Shaffer asked for and received permission from the Commissioners to assist with the cabin sites using the equipment which is already staged near the camp site on Grass Creek Road. Legacy Reserves Operating LP Approach Agreement – Legacy Reserves Operating LP would like to install an approach on County Road 15, 3.1 miles from the start of the County Road. Mr. Shaffer has reviewed the application and approved it. He stated that a culvert not be required as there is a drainage pipe located near the approach area that would handle any runoff. John Lumley moved to approve the approach agreement between Legacy Reserves Operating LP and Hot Springs County for an approach on County Road #15-6 located 3.1 miles from the start of the county road. Mike Baker seconded the motion. Discussion: the required fees have been received, and the culvert requirement is waived. Motion carried. Rocky Mountain Power Utility License Agreement – RMP has applied for a ULA to supply power to a residence at 269 Red Lane. This will involve an aerial crossing of a power line over Red Lane. Mr. Shaffer has reviewed this application and has no issues with it. Mike Baker moved approval of the Utility License Agreement between Rocky Mountain Power and Hot Springs County for an overhead power line crossing Red Lane approximately 320 feet from the intersection of U.S. Highway 20 North and Red Lane at 269 Red Lane. John Lumley seconded the motion. Discussion: the required fees have been received. Motion carried. Centennial Tree Planning County Centennial committee member Ray Shaffer has been working with Museum Director Ross Rhodes and Chuck Carver regarding an appropriate place on County property to plant a tree commemorating the County Centennial. Mr. Shaffer asked for permission to locate the tree on county property. The Commissioners agreed to allow the tree to be planted on county property and asked Mr. Shaffer to work with Mr. Carver on this project. 4-H Extension Educator Hire UW Extension Educator Barton Stam reported to the Commissioners that Joey Johnson has been hired as the new UW Extension 4-H Educator for Hot Springs County. He will begin his duties June 3, 2013. Mr. Stam noted that Mr. Johnson’s salary would be somewhat higher than the last 4-H Educator’s salary and that reality would be reflected in the upcoming budget year request. There is also the possibility that Mr. Johnson would qualify under the recently-legislated Retention Incentive Payment program for a one- 2 time, 1% of salary payment, which would cost the county roughly an extra $240.00 in the next budget year. Mr. Stam indicated that he will check further into this and report back to the Commissioners. Planner Monthly Report Planner Bo Bowman reported that the Draft Natural Resource Plan is still under a consistency review by Karen Budd-Falen. Septic season is well underway with three inspections performed in April and another scheduled for later this week. Planner Bowman will be attending a meeting on the Shoshone National Forest Plan revision in Cody on Thursday. The Wyoming Planning Association will hold their state meeting in Thermopolis on May 23 and 24, 2013. Mr. Bowman reported that the H Diamond W board had touched base with him inquiring about the existence of any county regulations or restrictions that might apply to their improvement projects with the camp. Mr. Bowman issued them a letter stating that the county has no applicable regulations and suggesting that, as the camp is on state land, the board should touch base with state officials and Fire District officials regarding any requirements that might be in place regarding this project. Pearce Gravel Pit – Commissioner Baker asked Mr. Bowman to confirm the completion date for reclamation of this pit as he has had some inquiries from surrounding landowners regarding the process. Public Hearing – Lawrence Burgess Home Occupation Permit Chairman Basse declared the public hearing on the Lawrence Burgess Home Occupation Permit application open at 11:30 a.m. Mr. Burgess was present for the hearing. Planner Bo Bowman reviewed the application submitted by Mr. Burgess for a fast track approval of the HOP allowing him to sell and repair firearms from his residence at 352 Highway 20 South. Mr. Bowman reminded the Commissioners that this is not a land use change request, merely a Home Occupation Permit request. The Land Use Planning Board has unanimously recommended approval of the HOP with the following conditions: 1. Any on-site sign identifying the property shall not exceed 9 square feet in area, and shall not be internally lit. 2. Should this property cease to be the applicant’s personal residence, this permit shall cease immediately. After three calls for public comment, receiving none, Chairman Basse declared the hearing closed at 11:35 a.m. The Policies checklists were completed, with a resulting score of zero. Mike Baker moved to approve the Lawrence Burgess Home Occupation Permit application. John Lumley seconded the motion. Discussion: the approval is contingent on the two conditions recommended by the Land Use Planning Board as previously outlined. Motion carried. Tax Rebates & Supplemental County Assessor Shelley Deromedi presented rebates for the Commissioners’ approval as follows: 1. Rebate #2-13 – Parcel #4400 for tax year 2012 (District 100) – DirecTV, LLC – This revision in assessed value by the DOR was based on more accurate and complete information for the Intangibles, Allocation and Reconciliation of Value Indicators provided by the company. Department of Revenue sent out a Revised Notice of Value Change Certificate, dated March 26, 2013, showing a change in assessed value in district 100 for 2012 of 501. This resulted in over-assessment for tax year 2012 and a rebate of taxes in the amount of $31.66. 2. Rebate #3-13 – Parcel #4401 for tax year 2012 (District 151) – DirecTV, LLC – This revision in assessed value by the DOR was based on more accurate and complete information for the Intangibles, Allocation and Reconciliation of Value Indicators provided by the company. Department of Revenue sent out a Revised Notice of Value Change Certificate, dated March 26, 2013, showing a change in assessed value in district 151 for 2012 of 501. This resulted in over-assessment for tax year 2012 and a rebate of taxes in the amount of $34.16. 3. Rebate #4-13 – Parcel #4402 for tax year 2012 (District 152) – DirecTV, LLC – This revision in assessed value by the DOR was based on more accurate and complete information for the Intangibles, Allocation and Reconciliation of Value Indicators provided by the company. Department of Revenue sent out a Revised Notice of Value Change Certificate, dated March 26, 2013, showing a change in assessed value in district 152 for 2012 of 501. This resulted in over-assessment for tax year 2012 and a rebate of taxes in the amount of $34.16. 4. Rebate #5-13 – Legacy Reserves Operating LP, Parcel #4821 for tax year 2012 – DOR NOVC 2013-0225. Legacy filed amended return in response to letter from DOR informing Legacy of discrepancies between Severance Tax and gross products reporting at Murphy Dome Field for production year 2011, resulting in over-assessment in the amount of 24,423. Taxes in the amount of $1,543.02 need to be rebated. 3 John Lumley moved to approve rebates #2-13, #3-13 and #4-13 to DirecTV, LLC as presented in a total amount of $99.98. Mike Baker seconded the motion. Motion carried. Mike Baker moved to approve rebate #5-13 to Legacy Operating Reserves, LP in the amount of $1,543.02 as presented. John Lumley seconded the motion. Motion carried. The following supplemental tax notice has been processed through the Treasurer’s office: 1. Encore Energy Partners Operating LLC – DOR NOVC 2013-0073 issued to correct discrepancy between WOGCC Form 2 Reporting and Annual Gross Products Volume Reporting, resulting in a supplemental tax notice for tax year 2011 in the amount of $2208.30. Ms. Deromedi presented the latest estimated 2013 Assessed Valuation report for the Commissioners’ review. The latest estimates show a potential drop in production of approximately 7% among the top oil producers in the county for an estimated assessed valuation of $235 MM – down from the final assessed valuation of $248 MM in 2012. Executive Session John Lumley moved to enter Executive Session for reasons of potential litigation at 12:53 p.m. Mike Baker seconded the motion. Motion carried. Those present for the Executive Session included Commissioners Basse, Baker and Lumley, County Attorney Williams, Clerk Odde, Admin Herdt, and GDA representatives Dustin Spomer and Jeremy Gilb. John Lumley moved leave Executive Session at 2:15 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during or as a result of the Executive Session Airport Update Phase III Project Award Discussion – GDA representative Dustin Spomer reported seven bids were received for Phase III of the Airport Relocation project. GDA representatives met with the apparent low bidder to clarify interpretation of some bid items. A letter has since been received by GDA indicating some difference of opinion on the part of the apparent low bidder regarding that interpretation. Mr. Spomer stated that GDA would like to pursue further due diligence prior to submitting a bid award recommendation. County Attorney Williams stated that he also received a copy of this correspondence and requested authorization to hire outside counsel to assist with the due diligence process in light of his lack of experience with the bidding of public contracts and in the interest of time. John Lumley moved to authorize the County Attorney to hire outside counsel with expertise in the bidding of public contracts to assist him in the due diligence process. Mike Baker seconded the motion. Discussion: Commissioner Baker questioned if this would be a grant-reimburseable expense and what the potential cost might be. Mr. Spomer was uncertain about the reimbursement status. County Attorney Williams estimated the costs would be less than $10,000.00 provided nothing unforeseen comes up. The Commissioners agreed that time is of the essence in moving forward with the bid award process. Motion carried. Mr. Spomer stated that he anticipates the matter will be resolved in time to make an award recommendation at the May 21^st Commissioners meeting. Potential Bid Award – In light of the lack of recommendation from GDA, the bid will not be awarded at this meeting. FAA Notification of Award – Once the recommendation of award has been received, GDA asked that a letter be drafted to the FAA informing them of the county’s intent to award the bid in order to initiate the grant process as soon as possible. Road Closure Gate & Turnaround Memorandum of Understanding with WYDOT – GDA presented a Memorandum of Understanding between WYDOT and Hot Springs County outlining estimated costs and responsibilities for the construction of a turnaround and relocation of the existing road closure gate and signs along Highway 120 north of Thermopolis for the Commissioners’ approval. This MOU has been reviewed and approved by the FAA. Mike Baker moved approval of the MOU between WYDOT and Hot Springs County regarding the construction of a turnaround and relocation of the existing road closure gate and signs along Highway 120 north of Thermopolis as part of the airport relocation project. John Lumley seconded the motion. Motion carried. High Plains Power Contracts & Easements – GDA representative Jeremy Gilb presented construction contracts and easements between High Plains Power and Hot Springs County for electrical service at the new airport site. Mr. Gilb reviewed the contract changes requested by the County Attorney and agreed to by High Plains Power. Mike Baker moved approval of Contract W.O. #13031 to convert single phase power to three phase power for the HSC Airport electrical vault at an estimated cost of $98,833.00 and Contract W.O. #13032 to convert single phase OVH power to single phase URD power at an estimated cost of $29,856.00. John Lumley seconded the motion. Motion carried. Mike Baker moved approval of an easement between High Plains Power and Hot Springs County for a power line running north and south across the airport property providing power to the Holden property and an easement between High Plains 4 Power and Hot Springs County for a three phase power line running east to west across the airport property providing power to the airport electrical vault. John Lumley seconded the motion. Motion carried. Draft Easements – Holden – Mr. Gilb presented drafts of the reciprocating easement agreements between Hot Springs County and Joe Holden for waterlines and utilities. No action was taken at this time. The final easements will be presented for approval at the May 21^st meeting after review by the FAA and the County Attorney. TCT West Easement – Mr. Gilb presented an easement agreement between TCT West and Hot Springs County for airport utilities for the Commissioners’ consideration. After some discussion, this easement was tabled pending further language clarification by GDA with TCT West. Independent Fee Estimate – Phase III – Clerk Odde presented the IFE from CH2MHILL for the Commissioners’ review. The IFE for the Phase III project was higher than the fee schedule submitted by GDA, so no negotiation was necessary. Record of Negotiations – Clerk Odde presented the Phase III Record of Negotiations to be submitted to the FAA for the Commissioners’ consideration. John Lumley moved to approve the Record of Negotiations as presented for the Chairman’s signature. Mike Baker seconded the motion. Motion carried. Consider GDA Amendment #6 – Mr. Spomer presented Amendment #6 to the contract between GDA and Hot Springs County covering the scope of work and associated fees for Phase III of the airport relocation project for the Commissioners’ consideration. John Lumley moved to approve Amendment #6 to the Five Year Generalized Engineering Agreement between Hot Springs County and GDA Engineers for the Hot Springs County Airport Relocation Project – Phase III. Mike Baker seconded the motion. Motion carried. FAA–AIP #02 Request for Reimbursement #18 – GDA representative Jeremy Gilb discussed RFR #18 for the state and federal grants. Mr. Gilb presented FAA Request for Reimbursement #18 for the Commissioners’ approval. Mike Baker moved to approve FAA Project 3-56-0043-02 RFR #18 in the amount of $406,998.00. John Lumley seconded the motion. Motion carried. WYDOT - Aeronautics Division THP-11C-2807 Request for Reimbursement #18 – Mr. Gilb presented WYDOT-Aeronautics Division Request for Reimbursement #18 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11C-2807/FAA #3-56-0043-02 RFR #18 in the amount of $12,852.00. John Lumley seconded the motion. Motion carried. WYDOT - Aeronautics Division THP-11B-2794 Request for Reimbursement #5 – Mr. Gilb presented WYDOT-Aeronautics Division Request for Reimbursement #5 for the Commissioners’ approval. John Lumley moved to approve WYDOT-Aeronautics Division Project THP-11B-2794 RFR #4 in the amount of $25,357.00. Mike Baker seconded the motion. Motion carried. Project Update – Phase I – Phase I is substantially complete. A final walkthrough with the contractor, the engineer, the funding agencies and the county will be scheduled as soon as possible, after which a Certificate of Substantial Completion will be presented to the Commissioners for signature. Project Update – Phase II – Mr. Gilb reported that things are progressing well on Phase II in spite of the recent weather issues. GDA continues to monitor the construction schedule and work at the site. Re-Interment of Pearce Gravel Pit Bones Dr. Howard Willson, Greg Willson and Dorothy Milek appeared before the Commissioners to discuss the status of the human remains unearthed during the Pearce Gravel Pit excavation. The Pearces, as owners of the remains, have given written permission for Dr. Willson and the Pioneer Association to take possession of the remains and deal with them as he sees fit. As the County Health Officer, Dr. Willson is statutorily in charge of the re-interment of the remains. Local historian Dorothy Milek and anthropologist Greg Willson are assisting Dr. Willson with tentative identification of the remains. At this time, a specific location for re-interment has not been decided upon. The Pearce Gravel Pit has been closed and is undergoing reclamation at this time. The Commissioners asked Dr. Willson to carry on with the project and keep them updated. Dr. Willson will work with Planner Bo Bowman to ensure proper handling of any further remains that might be located during reclamation. Public Health – LT101 Contract Amendment Public Health Nurse Marie McDougall presented the Long Term Care-Home/Community Based Services Contract – Amendment #2 for the Commissioners’ approval. The purpose of the amendment is to extend the term of the contract through December 31, 2014. The amendment has been reviewed and approved by the County Attorney. John Lumley moved to approve Amendment #2 to the LTC-H/CBS Contract between the Wyoming Department of Health and Hot Springs County Public Health Nursing extending the contract through December 31, 2014. Mike Baker seconded the motion. Motion carried. 5 Youth Alternatives Monthly Report Youth Alternatives Director Alan Rossler reported he currently has 13 participants in his diversion program. There was one successful completion in April and no 48-hour holds last month. Mr. Rossler presented the VOANR 2011 OJJDP Non-Participating State Grant Application for the Commissioners’ review and signature. The amount requested for the grant this year is $29,980.40. This includes $600.00 for the TruThought program recertification training. John Lumley moved to authorize the chairman’s signature on the VOANR 2011 OJJDP Non-Participating State Grant Application. Mike Baker seconded the motion. Discussion: this grant application is for funding for the period of 10/1/13 – 9/30/14. Motion carried. Mr. Rossler reported that the Hot Springs County Drug and Alcohol Abuse Prevention Coordinator is working with Law Enforcement to establish a drop-off box for unused or expired prescription drugs for use by the public. A location for the box has not been established yet, but funding has been obtained for this project and the site should be established in the near future Fire District Annual Operating Plan Fire District representative Jay Duval presented the 2013 Annual Fire Protection & Operating Plan Agreement between the Cody Interagency Dispatch Zone Coordinating Group and Hot Springs County for the Commissioners’ signature. County Attorney Williams has reviewed the document and has no problems with it. Mr. Duval explained the main part of the plan applicable to Hot Springs County was the mutual aid section outlining interagency cooperation and cross-county billing agreements. The Commissioners asked about Governor Mead’s letter regarding implementation of a fire ban. Mr. Duval sees no need for this at the present time, but anticipates a fire ban will likely be implemented at some point this year. The Commissioners asked Mr. Duval to discuss Red Card certification of equipment operators with Road & Bridge Supervisor Ray Shaffer, as there seems to be some confusion about requirements for that at this time. Clerk Odde asked Mr. Duval to investigate whether the District had paid the county bill for use of the equipment last year and report back. John Lumley moved to approve the 2013 County-Wide Fire Protection Plan and Annual Operating Plan Agreement. Mike Baker seconded the motion. Motion carried. Library Painting Project Library Director Tracey Kinnaman appeared before the Commissioners to request authorization to hire someone to paint at the library. She would like to coordinate this with the ongoing carpeting project. Mrs. Kinnaman reviewed the two bids she has received for the painting project. After discussion, John Lumley moved to authorize the expenditure of up to $2,450.00 for painting at the library. Mike Baker seconded the motion. Discussion: funds will come out of Capital Improvement budget. Motion carried. Hospital Update Hospital CEO Robin Roling appeared before the Commissioners to present an update on hospital issues. The electronic records project is progressing rapidly and is set to go live on June 18, 2013. An automated dispensing cabinet system is being installed, which will greatly reduce opportunities for drug diversion and improve patient safety. As part of the Affordable Care Act, there is increased focus in reducing inpatient stays and increasing outpatient visits. One of the programs being implemented to further these goals is the Care Transitions program. A nurse is assigned to contact each patient regularly for ninety days after they have been discharged to ensure understanding of and compliance with discharge instructions. The Board has finished the Strategic Plan and approved a new mission statement. The new mission statement reads: “Partnering with Our Community for Quality Health and Healing”. Now that legislation has been passed regarding formation of hospital districts, the Hospital Board is planning a public survey to gauge support for the formation of a Hospital District in Hot Springs County. Ms. Roling reported that under the new Medicare reconfiguration, local reimbursements have so far been reduced by 30%, with an anticipated loss this year of roughly $180,000.00, Bad debt and charitable care write-offs through March of this year have been approximately $986,106.00. Board Appointments The Commissioners reviewed the applications received in response to the advertisements placed in the Independent Record for open positions on the Library Board and the Land Use Planning Board. Two applications were received for the Library Board position and one for the LUPB position. A ballot vote was taken before appointments were made and the following positions were appointed: Library BoardTwila Wood Land Use Planning BoardJerry Langbehn Letters will be sent to all applicants notifying them of the appointments. 6 South Thermopolis Water & Sewer District CDBG Extension Request Clerk Odde presented a letter for the Commissioners’ consideration requesting a time extension on the Community Development Block Grant given to South Thermopolis Water & Sewer District for their expansion project. Project delays have resulted from a change in project scope and a subsequent environmental review. Therefore, STWSD would like to extend the termination date on the grant agreement from July 31, 2013 to December 31, 2013 to ensure that all project work and grant paperwork is completed in a timely fashion. Mike Baker moved approval of the chairman’s signature on the Grant Extension Request letter. John Lumley seconded the motion. Motion carried. Other Business Owl Creek Water District Water Supply Project CDBG Grant Draft Request # 18 –Clerk Odde presented Grant Draft Request #18 for the Owl Creek Water project. John Lumley moved to approve the Wyoming Business Council Investment Ready Communities Grant Draft Request #18 for the Owl Creek Water District Water Supply project in the amount of $45,823.00. Mike Baker seconded the motion. Discussion: Chairman Basse recused himself from discussion and voting due to his status as a subcontractor on this project. Motion carried. The Grant Draft Request will be signed by Vice-Chairman Baker. WYECIP Energy Upgrade Grant Draft Request #3 –Clerk Odde presented SLIB Grant Draft Request #3 for the WYECIP Courthouse Energy Upgrade for the Commissioners’ approval. This will be the final draw down request for this grant, as all grant funds have now been expended. John Lumley moved to approve SLIB Grant #CWC-13147 HS Grant Draft Request #3 for the Courthouse Energy Upgrade in the amount of $95,961.69. Mike Baker seconded the motion. Discussion: Chairman Basse recused himself from discussion and voting on this item due to his status as a subcontractor on the project. The Grant Draft Request will be signed by Vice-Chairman Baker. Motion carried. Clerk Odde reported that he has begun work on the loan for this project from Bighorn Federal Savings Bank and will present the final paperwork for consideration at the June 4^th meeting. Koerwitz, Michel, Wright & Associates Letter of Engagement – Clerk Odde presented the Annual Services Agreement with Koerwitz, Michel, Wright & Associates for the Commissioners’ approval. This is the annual contract for yearly audit services setting out duties for both parties and fees. Fee for the general audit is not to exceed $19,500.00 and fee for the separate single audit is not to exceed $3,800.00. The separate single audit is required whenever the county receives more than $500,000.00 in federal grant funding annually, which Clerk Odde reported will happen again in the 2013 fiscal year. John P. Lumley moved to approve the Annual Services Agreement between Koerwitz, Michel, Wright & Associates and Hot Springs County for total fees not to exceed $23,300. Mike Baker seconded the motion. Motion carried Correspondence USDA – Drought Designations for Wyoming WYDOT – Bridge Inspection Report Chamber of Commerce – May, 2013 Newsletter US Forest Service – Greater Greybull Vegetation Project EA Comment Period Notification Airport Operations Report – April, 2013 WYDOT – STIP Meeting Date Notification – May 29, 2013 BuRec – NEPA Documents Release Notification Big Brothers/Big Sisters – Fish For Kids’ Sake Invitation/Funds Request LUPB Member Resignation – Terry Tonn Lane 3 Shop/Garage Notice – John Zupan Lucerne Pumping Plant Canal Company – Southside Ditch Rider 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 5:30 p.m.
		Attest:
_______________________________ Brad Basse, Chairman		_______________________________ Hans Odde, Clerk to the Board
7

MINUTES OF COUNTY COMMISSIONERS MEETING
May 7, 2013

STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

May 7, 2013

The Hot Springs County Board of Commissioners met in regular session on Tuesday, May 7, 2013 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 Williams and Administrative Assistant to the Commissioners Penny Herdt. Chairman Basse led those present in the Pledge of Allegiance.

Approval of Agenda

John Lumley made a motion to approve the agenda as presented. Mike Baker seconded the motion. Motion carried.

Approval of Minutes

Mike Baker made a motion to approve the minutes of the regular meetings on April 2 and 16, and the Special meeting on April 22, 2013* as presented. John Lumley seconded the motion. Motion carried.

Approve Bills

The following bills were submitted for approval: (see attached). Payroll for April, 2013 - $160,247.10.

Emergency Management Monthly Report

Emergency Management Coordinator Bill Gordon reported that local radio station KTHE-1240 AM is no longer manned locally. Therefore, stations KWOR, KKLX and KYTS are being used as the local live emergency alert broadcast stations.
Mr. Gordon indicated that he has plans for a significant public information advertising campaign in the near future. This campaign will provide the public with emergency notification information and information on testing of emergency communication equipment such as sirens within the county. The ads will also introduce the county’s Thermopolis 911 Facebook page. This Facebook page is strictly informational – not a two-way communication medium. The public information advertising will be paid for with Citizen Corps grant funds.
Mr. Gordon stated that between the agreements with the radio stations, the Facebook page, CodeRED and the impending alert siren modifications, Hot Springs County is fully prepared to disseminate emergency information to the public.
Mr. Gordon distributed a copy of his reply to the WYOLink survey to the Commissioners for their review.

Maintenance Monthly Report

Maintenance Foreman Chuck Carver reported that the curtain wall tin on the Law Enforcement Center has been repaired. Rocky Mountain Power has agreed to do a site survey on the light located between the Library and Ralph Witters Elementary and will present possible solutions.
WYECIP Report – TRANE representative Dan Marshall has begun work on the project issues discussed at the last meeting and is making some progress. It appears that the new HVAC units ordered for the Counseling Center will have to be re-ordered, as the ones received have an incorrect efficiency rating. A new concrete pad for the units has been completed at the Counseling Center.
Chairman Basse asked about a water pooling problem west and south of the squad room area at the LEC brought to his attention by Deputy Pebbles. Mr. Carver was unaware of the problem, but agreed to check it out. Chairman Basse complimented Mr. Carver on his quick resolution to an after-hours problem with the sallyport door last month.

Road and Bridge Monthly Report

Road & Bridge Supervisor Ray Shaffer reported that the archeological study on the Sand Draw pit area is finished, so he expects the permit to be issued by the end of the month. The annual DEQ pit inspection is scheduled for May 8^th. Mr. Shaffer notified the Commissioners that the DEQ is changing the collection method for the Annual Stormwater Pollution Plan fees charged to the county. In the past, these fees have been collected in arrears. Going forward they will be collected in advance, which means the fees will be twice as much this year, since last year’s fees and this year’s fees will be due at the same time. Clerk Odde asked Mr. Shaffer to ensure this is included in his budget submittal for the upcoming fiscal year. Most of the roads west of town have been bladed in the last month. When they are finished, Road &

Bridge will move on to the roads south of town. Mr. Shaffer reported he attended the WYDOT-sponsored Safety Congress/WACERS Meeting in Casper last month. At the meeting, Mr. Shaffer was informed that the County was not awarded the grant it applied for to do work on Black Mountain Road. He will reapply for this grant money prior to the next round of awards in October. Mr. Shaffer felt that it would be most helpful to have letters of support for the grant request from the federal agencies involved such as the BLM, Game & Fish, etc. WYDOT/LTAP is working with the Wyoming County Commissioners’ Association to complete a study on the condition of paved county roads that can be used as a source of information when discussing road funding requests with state legislators. It was suggested that Mr. Shaffer take our local legislators on a tour of Hot Springs County roads to help the legislators gain a better understanding of the county’s needs.
Guardrail Project – WYDOT representative Matt Carlson has indicated that the guardrail project can be split into phases to make the most efficient use of available state funding. Engineering for the project will be provided by WYDOT. Grant funding for the project will be subject to a 90% State/10% County split. Mr. Shaffer will continue to work on the grant for this project with assistance from WYDOT representative Bart Evans. The paperwork needs to be submitted by September.
Fire Season – Mr. Shaffer has sent two of his employees to “Red Card” training which will enable them to work with firefighters in the event that county equipment is needed to fight county fires this summer. Use of manpower and equipment is laid out in the various memorandums of understanding signed each year with state and federal agencies involved in firefighting within the county. Mr. Shaffer is working to get these agreements in place prior to the start of the fire season.
Roads – WYDOT will be putting on a Gravel Roads Academy in Cody later this month. Mr. Shaffer will send one of his newer employees to this school. Mr. Shaffer has decided to put the mag product provided by the State for hosting last year’s Gravel Roads Academy on Grass Creek road for stabilization purposes. A different product (Base One) will be used on roads in need of stabilization in the southern part of the county this year. Mr. Shaffer noted that the Road & Bridge department has moved to their summer schedule working four ten-hour days per week.
H Diamond W Camp Work – The camp lease has been rewritten to allow use of the camp by the general public. There are two cabins planned for construction at this time with more to follow at a later date. The H Diamond W Board has asked Mr. Shaffer if Road & Bridge could assist with the development of these cabin sites. Mr. Shaffer asked for and received permission from the Commissioners to assist with the cabin sites using the equipment which is already staged near the camp site on Grass Creek Road.
Legacy Reserves Operating LP Approach Agreement – Legacy Reserves Operating LP would like to install an approach on County Road 15, 3.1 miles from the start of the County Road. Mr. Shaffer has reviewed the application and approved it. He stated that a culvert not be required as there is a drainage pipe located near the approach area that would handle any runoff. John Lumley moved to approve the approach agreement between Legacy Reserves Operating LP and Hot Springs County for an approach on County Road #15-6 located 3.1 miles from the start of the county road. Mike Baker seconded the motion. Discussion: the required fees have been received, and the culvert requirement is waived. Motion carried.
Rocky Mountain Power Utility License Agreement – RMP has applied for a ULA to supply power to a residence at 269 Red Lane. This will involve an aerial crossing of a power line over Red Lane. Mr. Shaffer has reviewed this application and has no issues with it. Mike Baker moved approval of the Utility License Agreement between Rocky Mountain Power and Hot Springs County for an overhead power line crossing Red Lane approximately 320 feet from the intersection of U.S. Highway 20 North and Red Lane at 269 Red Lane. John Lumley seconded the motion. Discussion: the required fees have been received. Motion carried.

Centennial Tree Planning

County Centennial committee member Ray Shaffer has been working with Museum Director Ross Rhodes and Chuck Carver regarding an appropriate place on County property to plant a tree commemorating the County Centennial. Mr. Shaffer asked for permission to locate the tree on county property. The Commissioners agreed to allow the tree to be planted on county property and asked Mr. Shaffer to work with Mr. Carver on this project.

4-H Extension Educator Hire

UW Extension Educator Barton Stam reported to the Commissioners that Joey Johnson has been hired as the new UW Extension 4-H Educator for Hot Springs County. He will begin his duties June 3, 2013. Mr. Stam noted that Mr. Johnson’s salary would be somewhat higher than the last 4-H Educator’s salary and that reality would be reflected in the upcoming budget year request. There is also the possibility that Mr. Johnson would qualify under the recently-legislated Retention Incentive Payment program for a one-

time, 1% of salary payment, which would cost the county roughly an extra $240.00 in the next budget year. Mr. Stam indicated that he will check further into this and report back to the Commissioners.

Planner Monthly Report

Planner Bo Bowman reported that the Draft Natural Resource Plan is still under a consistency review by Karen Budd-Falen. Septic season is well underway with three inspections performed in April and another scheduled for later this week. Planner Bowman will be attending a meeting on the Shoshone National Forest Plan revision in Cody on Thursday. The Wyoming Planning Association will hold their state meeting in Thermopolis on May 23 and 24, 2013. Mr. Bowman reported that the H Diamond W board had touched base with him inquiring about the existence of any county regulations or restrictions that might apply to their improvement projects with the camp. Mr. Bowman issued them a letter stating that the county has no applicable regulations and suggesting that, as the camp is on state land, the board should touch base with state officials and Fire District officials regarding any requirements that might be in place regarding this project.
Pearce Gravel Pit – Commissioner Baker asked Mr. Bowman to confirm the completion date for reclamation of this pit as he has had some inquiries from surrounding landowners regarding the process.

Public Hearing – Lawrence Burgess Home Occupation Permit

Chairman Basse declared the public hearing on the Lawrence Burgess Home Occupation Permit application open at 11:30 a.m. Mr. Burgess was present for the hearing. Planner Bo Bowman reviewed the application submitted by Mr. Burgess for a fast track approval of the HOP allowing him to sell and repair firearms from his residence at 352 Highway 20 South. Mr. Bowman reminded the Commissioners that this is not a land use change request, merely a Home Occupation Permit request. The Land Use Planning Board has unanimously recommended approval of the HOP with the following conditions:

1. Any on-site sign identifying the property shall not exceed 9 square feet in area, and shall not be internally lit.
2. Should this property cease to be the applicant’s personal residence, this permit shall cease immediately.

After three calls for public comment, receiving none, Chairman Basse declared the hearing closed at 11:35 a.m. The Policies checklists were completed, with a resulting score of zero. Mike Baker moved to approve the Lawrence Burgess Home Occupation Permit application. John Lumley seconded the motion. Discussion: the approval is contingent on the two conditions recommended by the Land Use Planning Board as previously outlined. Motion carried.

Tax Rebates & Supplemental

County Assessor Shelley Deromedi presented rebates for the Commissioners’ approval as follows:

1. Rebate #2-13 – Parcel #4400 for tax year 2012 (District 100) – DirecTV, LLC – This revision in assessed value by the DOR was based on more accurate and complete information for the Intangibles, Allocation and Reconciliation of Value Indicators provided by the company. Department of Revenue sent out a Revised Notice of Value Change Certificate, dated March 26, 2013, showing a change in assessed value in district 100 for 2012 of 501. This resulted in over-assessment for tax year 2012 and a rebate of taxes in the amount of $31.66.
2. Rebate #3-13 – Parcel #4401 for tax year 2012 (District 151) – DirecTV, LLC – This revision in assessed value by the DOR was based on more accurate and complete information for the Intangibles, Allocation and Reconciliation of Value Indicators provided by the company. Department of Revenue sent out a Revised Notice of Value Change Certificate, dated March 26, 2013, showing a change in assessed value in district 151 for 2012 of 501. This resulted in over-assessment for tax year 2012 and a rebate of taxes in the amount of $34.16.
3. Rebate #4-13 – Parcel #4402 for tax year 2012 (District 152) – DirecTV, LLC – This revision in assessed value by the DOR was based on more accurate and complete information for the Intangibles, Allocation and Reconciliation of Value Indicators provided by the company. Department of Revenue sent out a Revised Notice of Value Change Certificate, dated March 26, 2013, showing a change in assessed value in district 152 for 2012 of 501. This resulted in over-assessment for tax year 2012 and a rebate of taxes in the amount of $34.16.
4. Rebate #5-13 – Legacy Reserves Operating LP, Parcel #4821 for tax year 2012 – DOR NOVC 2013-0225. Legacy filed amended return in response to letter from DOR informing Legacy of discrepancies between Severance Tax and gross products reporting at Murphy Dome Field for production year 2011, resulting in over-assessment in the amount of 24,423. Taxes in the amount of $1,543.02 need to be rebated.

John Lumley moved to approve rebates #2-13, #3-13 and #4-13 to DirecTV, LLC as presented in a total amount of $99.98. Mike Baker seconded the motion. Motion carried. Mike Baker moved to approve rebate #5-13 to Legacy Operating Reserves, LP in the amount of $1,543.02 as presented. John Lumley seconded the motion. Motion carried.
The following supplemental tax notice has been processed through the Treasurer’s office:

1. Encore Energy Partners Operating LLC – DOR NOVC 2013-0073 issued to correct discrepancy between WOGCC Form 2 Reporting and Annual Gross Products Volume Reporting, resulting in a supplemental tax notice for tax year 2011 in the amount of $2208.30.

Ms. Deromedi presented the latest estimated 2013 Assessed Valuation report for the Commissioners’ review. The latest estimates show a potential drop in production of approximately 7% among the top oil producers in the county for an estimated assessed valuation of $235 MM – down from the final assessed valuation of $248 MM in 2012.

Executive Session

John Lumley moved to enter Executive Session for reasons of potential litigation at 12:53 p.m. Mike Baker seconded the motion. Motion carried. Those present for the Executive Session included Commissioners Basse, Baker and Lumley, County Attorney Williams, Clerk Odde, Admin Herdt, and GDA representatives Dustin Spomer and Jeremy Gilb. John Lumley moved leave Executive Session at 2:15 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during or as a result of the Executive Session

Airport Update

Phase III Project Award Discussion – GDA representative Dustin Spomer reported seven bids were received for Phase III of the Airport Relocation project. GDA representatives met with the apparent low bidder to clarify interpretation of some bid items. A letter has since been received by GDA indicating some difference of opinion on the part of the apparent low bidder regarding that interpretation. Mr. Spomer stated that GDA would like to pursue further due diligence prior to submitting a bid award recommendation. County Attorney Williams stated that he also received a copy of this correspondence and requested authorization to hire outside counsel to assist with the due diligence process in light of his lack of experience with the bidding of public contracts and in the interest of time. John Lumley moved to authorize the County Attorney to hire outside counsel with expertise in the bidding of public contracts to assist him in the due diligence process. Mike Baker seconded the motion. Discussion: Commissioner Baker questioned if this would be a grant-reimburseable expense and what the potential cost might be. Mr. Spomer was uncertain about the reimbursement status. County Attorney Williams estimated the costs would be less than $10,000.00 provided nothing unforeseen comes up. The Commissioners agreed that time is of the essence in moving forward with the bid award process. Motion carried. Mr. Spomer stated that he anticipates the matter will be resolved in time to make an award recommendation at the May 21^st Commissioners meeting.
Potential Bid Award – In light of the lack of recommendation from GDA, the bid will not be awarded at this meeting.
FAA Notification of Award – Once the recommendation of award has been received, GDA asked that a letter be drafted to the FAA informing them of the county’s intent to award the bid in order to initiate the grant process as soon as possible.
Road Closure Gate & Turnaround Memorandum of Understanding with WYDOT – GDA presented a Memorandum of Understanding between WYDOT and Hot Springs County outlining estimated costs and responsibilities for the construction of a turnaround and relocation of the existing road closure gate and signs along Highway 120 north of Thermopolis for the Commissioners’ approval. This MOU has been reviewed and approved by the FAA. Mike Baker moved approval of the MOU between WYDOT and Hot Springs County regarding the construction of a turnaround and relocation of the existing road closure gate and signs along Highway 120 north of Thermopolis as part of the airport relocation project. John Lumley seconded the motion. Motion carried.
High Plains Power Contracts & Easements – GDA representative Jeremy Gilb presented construction contracts and easements between High Plains Power and Hot Springs County for electrical service at the new airport site. Mr. Gilb reviewed the contract changes requested by the County Attorney and agreed to by High Plains Power. Mike Baker moved approval of Contract W.O. #13031 to convert single phase power to three phase power for the HSC Airport electrical vault at an estimated cost of $98,833.00 and Contract W.O. #13032 to convert single phase OVH power to single phase URD power at an estimated cost of $29,856.00. John Lumley seconded the motion. Motion carried. Mike Baker moved approval of an easement between High Plains Power and Hot Springs County for a power line running north and south across the airport property providing power to the Holden property and an easement between High Plains

Power and Hot Springs County for a three phase power line running east to west across the airport property providing power to the airport electrical vault. John Lumley seconded the motion. Motion carried.
Draft Easements – Holden – Mr. Gilb presented drafts of the reciprocating easement agreements between Hot Springs County and Joe Holden for waterlines and utilities. No action was taken at this time. The final easements will be presented for approval at the May 21^st meeting after review by the FAA and the County Attorney.
TCT West Easement – Mr. Gilb presented an easement agreement between TCT West and Hot Springs County for airport utilities for the Commissioners’ consideration. After some discussion, this easement was tabled pending further language clarification by GDA with TCT West.
Independent Fee Estimate – Phase III – Clerk Odde presented the IFE from CH2MHILL for the Commissioners’ review. The IFE for the Phase III project was higher than the fee schedule submitted by GDA, so no negotiation was necessary.
Record of Negotiations – Clerk Odde presented the Phase III Record of Negotiations to be submitted to the FAA for the Commissioners’ consideration. John Lumley moved to approve the Record of Negotiations as presented for the Chairman’s signature. Mike Baker seconded the motion. Motion carried.
Consider GDA Amendment #6 – Mr. Spomer presented Amendment #6 to the contract between GDA and Hot Springs County covering the scope of work and associated fees for Phase III of the airport relocation project for the Commissioners’ consideration. John Lumley moved to approve Amendment #6 to the Five Year Generalized Engineering Agreement between Hot Springs County and GDA Engineers for the Hot Springs County Airport Relocation Project – Phase III. Mike Baker seconded the motion. Motion carried.
FAA–AIP #02 Request for Reimbursement #18 – GDA representative Jeremy Gilb discussed RFR #18 for the state and federal grants. Mr. Gilb presented FAA Request for Reimbursement #18 for the Commissioners’ approval. Mike Baker moved to approve FAA Project 3-56-0043-02 RFR #18 in the amount of $406,998.00. John Lumley seconded the motion. Motion carried.
WYDOT - Aeronautics Division THP-11C-2807 Request for Reimbursement #18 – Mr. Gilb presented WYDOT-Aeronautics Division Request for Reimbursement #18 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11C-2807/FAA #3-56-0043-02 RFR #18 in the amount of $12,852.00. John Lumley seconded the motion. Motion carried.
WYDOT - Aeronautics Division THP-11B-2794 Request for Reimbursement #5 – Mr. Gilb presented WYDOT-Aeronautics Division Request for Reimbursement #5 for the Commissioners’ approval. John Lumley moved to approve WYDOT-Aeronautics Division Project THP-11B-2794 RFR #4 in the amount of $25,357.00. Mike Baker seconded the motion. Motion carried.
Project Update – Phase I – Phase I is substantially complete. A final walkthrough with the contractor, the engineer, the funding agencies and the county will be scheduled as soon as possible, after which a Certificate of Substantial Completion will be presented to the Commissioners for signature.
Project Update – Phase II – Mr. Gilb reported that things are progressing well on Phase II in spite of the recent weather issues. GDA continues to monitor the construction schedule and work at the site.

Re-Interment of Pearce Gravel Pit Bones

Dr. Howard Willson, Greg Willson and Dorothy Milek appeared before the Commissioners to discuss the status of the human remains unearthed during the Pearce Gravel Pit excavation. The Pearces, as owners of the remains, have given written permission for Dr. Willson and the Pioneer Association to take possession of the remains and deal with them as he sees fit. As the County Health Officer, Dr. Willson is statutorily in charge of the re-interment of the remains. Local historian Dorothy Milek and anthropologist Greg Willson are assisting Dr. Willson with tentative identification of the remains. At this time, a specific location for re-interment has not been decided upon. The Pearce Gravel Pit has been closed and is undergoing reclamation at this time. The Commissioners asked Dr. Willson to carry on with the project and keep them updated. Dr. Willson will work with Planner Bo Bowman to ensure proper handling of any further remains that might be located during reclamation.

Public Health – LT101 Contract Amendment

Public Health Nurse Marie McDougall presented the Long Term Care-Home/Community Based Services Contract – Amendment #2 for the Commissioners’ approval. The purpose of the amendment is to extend the term of the contract through December 31, 2014. The amendment has been reviewed and approved by the County Attorney. John Lumley moved to approve Amendment #2 to the LTC-H/CBS Contract between the Wyoming Department of Health and Hot Springs County Public Health Nursing extending the contract through December 31, 2014. Mike Baker seconded the motion. Motion carried.

Youth Alternatives Monthly Report

Youth Alternatives Director Alan Rossler reported he currently has 13 participants in his diversion program. There was one successful completion in April and no 48-hour holds last month. Mr. Rossler presented the VOANR 2011 OJJDP Non-Participating State Grant Application for the Commissioners’ review and signature. The amount requested for the grant this year is $29,980.40. This includes $600.00 for the TruThought program recertification training. John Lumley moved to authorize the chairman’s signature on the VOANR 2011 OJJDP Non-Participating State Grant Application. Mike Baker seconded the motion. Discussion: this grant application is for funding for the period of 10/1/13 – 9/30/14. Motion carried. Mr. Rossler reported that the Hot Springs County Drug and Alcohol Abuse Prevention Coordinator is working with Law Enforcement to establish a drop-off box for unused or expired prescription drugs for use by the public. A location for the box has not been established yet, but funding has been obtained for this project and the site should be established in the near future

Fire District Annual Operating Plan

Fire District representative Jay Duval presented the 2013 Annual Fire Protection & Operating Plan Agreement between the Cody Interagency Dispatch Zone Coordinating Group and Hot Springs County for the Commissioners’ signature. County Attorney Williams has reviewed the document and has no problems with it. Mr. Duval explained the main part of the plan applicable to Hot Springs County was the mutual aid section outlining interagency cooperation and cross-county billing agreements. The Commissioners asked about Governor Mead’s letter regarding implementation of a fire ban. Mr. Duval sees no need for this at the present time, but anticipates a fire ban will likely be implemented at some point this year. The Commissioners asked Mr. Duval to discuss Red Card certification of equipment operators with Road & Bridge Supervisor Ray Shaffer, as there seems to be some confusion about requirements for that at this time. Clerk Odde asked Mr. Duval to investigate whether the District had paid the county bill for use of the equipment last year and report back. John Lumley moved to approve the 2013 County-Wide Fire Protection Plan and Annual Operating Plan Agreement. Mike Baker seconded the motion. Motion carried.

Library Painting Project

Library Director Tracey Kinnaman appeared before the Commissioners to request authorization to hire someone to paint at the library. She would like to coordinate this with the ongoing carpeting project. Mrs. Kinnaman reviewed the two bids she has received for the painting project. After discussion, John Lumley moved to authorize the expenditure of up to $2,450.00 for painting at the library. Mike Baker seconded the motion. Discussion: funds will come out of Capital Improvement budget. Motion carried.

Hospital Update

Hospital CEO Robin Roling appeared before the Commissioners to present an update on hospital issues. The electronic records project is progressing rapidly and is set to go live on June 18, 2013. An automated dispensing cabinet system is being installed, which will greatly reduce opportunities for drug diversion and improve patient safety. As part of the Affordable Care Act, there is increased focus in reducing inpatient stays and increasing outpatient visits. One of the programs being implemented to further these goals is the Care Transitions program. A nurse is assigned to contact each patient regularly for ninety days after they have been discharged to ensure understanding of and compliance with discharge instructions. The Board has finished the Strategic Plan and approved a new mission statement. The new mission statement reads: “Partnering with Our Community for Quality Health and Healing”. Now that legislation has been passed regarding formation of hospital districts, the Hospital Board is planning a public survey to gauge support for the formation of a Hospital District in Hot Springs County. Ms. Roling reported that under the new Medicare reconfiguration, local reimbursements have so far been reduced by 30%, with an anticipated loss this year of roughly $180,000.00, Bad debt and charitable care write-offs through March of this year have been approximately $986,106.00.

Board Appointments

The Commissioners reviewed the applications received in response to the advertisements placed in the Independent Record for open positions on the Library Board and the Land Use Planning Board. Two applications were received for the Library Board position and one for the LUPB position. A ballot vote was taken before appointments were made and the following positions were appointed:

Library BoardTwila Wood
Land Use Planning BoardJerry Langbehn

Letters will be sent to all applicants notifying them of the appointments.

South Thermopolis Water & Sewer District CDBG Extension Request

Clerk Odde presented a letter for the Commissioners’ consideration requesting a time extension on the Community Development Block Grant given to South Thermopolis Water & Sewer District for their expansion project. Project delays have resulted from a change in project scope and a subsequent environmental review. Therefore, STWSD would like to extend the termination date on the grant agreement from July 31, 2013 to December 31, 2013 to ensure that all project work and grant paperwork is completed in a timely fashion. Mike Baker moved approval of the chairman’s signature on the Grant Extension Request letter. John Lumley seconded the motion. Motion carried.

Other Business

Owl Creek Water District Water Supply Project CDBG Grant Draft Request # 18 –Clerk Odde presented Grant Draft Request #18 for the Owl Creek Water project. John Lumley moved to approve the Wyoming Business Council Investment Ready Communities Grant Draft Request #18 for the Owl Creek Water District Water Supply project in the amount of $45,823.00. Mike Baker seconded the motion. Discussion: Chairman Basse recused himself from discussion and voting due to his status as a subcontractor on this project. Motion carried. The Grant Draft Request will be signed by Vice-Chairman Baker.
WYECIP Energy Upgrade Grant Draft Request #3 –Clerk Odde presented SLIB Grant Draft Request #3 for the WYECIP Courthouse Energy Upgrade for the Commissioners’ approval. This will be the final draw down request for this grant, as all grant funds have now been expended. John Lumley moved to approve SLIB Grant #CWC-13147 HS Grant Draft Request #3 for the Courthouse Energy Upgrade in the amount of $95,961.69. Mike Baker seconded the motion. Discussion: Chairman Basse recused himself from discussion and voting on this item due to his status as a subcontractor on the project. The Grant Draft Request will be signed by Vice-Chairman Baker. Motion carried. Clerk Odde reported that he has begun work on the loan for this project from Bighorn Federal Savings Bank and will present the final paperwork for consideration at the June 4^th meeting.
Koerwitz, Michel, Wright & Associates Letter of Engagement – Clerk Odde presented the Annual Services Agreement with Koerwitz, Michel, Wright & Associates for the Commissioners’ approval. This is the annual contract for yearly audit services setting out duties for both parties and fees. Fee for the general audit is not to exceed $19,500.00 and fee for the separate single audit is not to exceed $3,800.00. The separate single audit is required whenever the county receives more than $500,000.00 in federal grant funding annually, which Clerk Odde reported will happen again in the 2013 fiscal year. John P. Lumley moved to approve the Annual Services Agreement between Koerwitz, Michel, Wright & Associates and Hot Springs County for total fees not to exceed $23,300. Mike Baker seconded the motion. Motion carried

Correspondence

USDA – Drought Designations for Wyoming
WYDOT – Bridge Inspection Report
Chamber of Commerce – May, 2013 Newsletter
US Forest Service – Greater Greybull Vegetation Project EA Comment Period Notification
Airport Operations Report – April, 2013
WYDOT – STIP Meeting Date Notification – May 29, 2013
BuRec – NEPA Documents Release Notification
Big Brothers/Big Sisters – Fish For Kids’ Sake Invitation/Funds Request
LUPB Member Resignation – Terry Tonn
Lane 3 Shop/Garage Notice – John Zupan
Lucerne Pumping Plant Canal Company – Southside Ditch Rider

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 5:30 p.m.

Attest:

_______________________________
Brad Basse, Chairman

_______________________________
Hans Odde, Clerk to the Board

HANSON'S FIRE EQUIPMENT 340.55 / HOT SPRINGS VETERINARY CLINIC 102.00 HOT SPRINGS COUNTY WEED & PEST 447.40 / TRI STATE TRUCK&EQUIPMENT,INC. 120.88 S & H GLASS, INC. 1,360.00 / DEPARTMENT OF HEALTH 15,430.99 D & D MACHINE, INC. 160.30 / HOPKINS MEDICAL PRODUCTS 218.70 WYOMING DEPT OF AGRICULTURE 50.00 / WYOMING CO. TREASURER'S ASSOC. 35.00 GALLS, AN ARAMARK COMPANY 38.25 / AFLAC (ACCOUNT #HW652) 685.27 STATE OF WYOMING - A&I 30.77 / ALLEGIANCE BENEFIT PLAN MANGT, INC. 107,353.64 AMERICAN CORRECTIONAL ASSOCIATION 35.00 / ANA MOSER 51.32 ANITA WEISBECK 105.99 / ATLAS OFFICE PRODUCTS, INC. 15.70 BRESNAN COMMUNICATIONS 55.20 / BIG HORN WATER 96.00 BLAIR'S SUPER MARKET 680.03 / PITNEY BOWES 1,000.00 / BRAD W. BASSE 303.16 AMERITAS LIFE INSURANCE CORP, 522.40 / CANYON SPORTING GOODS 46.01 CCI USERS GROUP 150.00 / CH2MHILL 3,900.00 / RED ROCK FAMILY PRACTICE 241.00 THERMOPOLIS HARDWARE 443.07 / COLONIAL SUPPLEMENTAL INS. 148.60 VERIZON WIRELESS 57.04 / VERIZON WIRELESS 48.75 / VERIZON WIRELESS 57.82 VERIZON WIRELESS 158.73 / VERIZON WIRELESS 47.91 CONTROL SOLUTIONS, INC. 316.30 / CINDY MAGELKY 216.96 / CYNTHIA GLASSON 282.39 DEBRA A. GERHARTER 132.31 / ESRI, INC. 3,400.00 / FINISHING TOUCHES 6,765.00 SHELL FLEET PLUS PROCESSING CENTER 366.92 PINNACLE BANK OF THERMOPOLIS 40,042.36 / FORENSICS LIMITED, LLC 300.00 MORTIMORE FUNERAL HOME 420.00 / GDA ENGINEERS 258,628.73 GOTTSCHE THERAPY REHAB WELLNESS 360.00 / GREENWOOD MAPPING, INC. 450.00 MOUNTAIN WEST BUSINESS SOLUTIONS 78.44 / MOUNTAIN WEST BUSINESS SOLUTIONS 12.19 HANS ODDE 192.86 / HIGH COUNTRY CONSTRUCTION INC 189,886.47 HIGH PLAINS POWER 101.96 / HOT SPRINGS COUNTY CENTENNIAL 1,850.00 HOT SPRINGS COUNTY HEALTH INS ACCT 61,082.05 HOT SPRINGS CO. SCHOOL DIST #1 3,319.44 / IMMUNIZATION ACTION COALITION 30.00 INDEPENDENT RECORD 4,065.72 / INDOFF INC. 649.62 / JILL JACOBSON-LOGAN 1,025.00 JOHN P. LUMLEY 336.86 / JT AVIATION LLC 5,017.17 JULIA'S RENTAL SALES & SERVICE INC. 56.00 / KAREN SLOCUM 38.64 LARRY R. SIPE, JR. 50.03 / MARCIA E. BEAN 156.70 / MARY L. SCHEIBLE 1,995.00 MARIE MCDOUGALL 9.76 / McGEE COMPANY 144.43 / MEADOW GOLD BILLINGS 327.73 HOT SPRINGS COUNSELING SERV. 1,100.00 / MESSENGER & OVERFIELD 946.80 MOTOROLA SOLUTIONS, INC. 14,376.00 / NATRONA COUNTY SHERIFF'S OFFICE 5,460.00 NICK A. DOWDY 141.25 / ONE STOP REPAIR & 128.37 / O'REILLY AUTO PARTS 14.87 O'REILLY AUTO PARTS 59.22 / OWL LUMBER INC. 440.69 OWL CREEK WATER DISTRICT 45,823.00 / ROCKY MOUNTAIN POWER 3,909.74 PATTY HUGHES 120.00 / PERFORMANCE AUTO & GLASS 126.99 / PENNY T. HERDT 533.71 PIZZA HUT 118.99 / PINNACLE BANK OF THERMOPOLIS 190.00 PINNACLE BANK OF THERMOPOLIS 2,215.00 / POSTMASTER 734.80 / POS WORLD 90.00 PRINT ZONE 21.75 / CENTURY LINK 651.82 / RANAE BALDES 171.06 RAYMOND E. SHAFFER 85.95 / RECOVERY SYSTEMS 3,786.56 GORRELL & HOPKINSON, P.C. 1,754.00 / RIVERTON TIRE & OIL CO., INC. 840.25 RT COMMUNICATIONS, INC. 2,058.79 / SECRETARY OF STATE 30.00 J.A. SEXAUER INC. 372.56 / SHOSHONE OFFICE SUPPLY 147.42 SHOPKO THERMOPOLIS 101.88 / SHURIE SCHEEL 84.22 / THE STANDARD INS. CO. 1,388.08 STEVENS DETAIL BLASTING 21.00 / SYSCO MONTANA, INC. 2,413.19 TEAM LABORATORY CHEMICAL CORP. 847.90 / TEPEE POOLS 282.00 THE SHOPPE FLORAL & GIFTS 84.00 / THOMAS L. BENNETT, M.D. 1,400.00 TOWN OF THERMOPOLIS 1,013.40 / TRAVELING COMPUTERS, INC. 14,962.74 TRANE U.S. INC. 145,521.90 / TRI COUNTY TELEPHONE ASSOC,INC 333.65 VERIZON WIRELESS 42.47 / VERIZON WIRELESS 32.39 / VICKLUND PHARMACY 209.22 VISA - CARD ONE 163.91 / VISA - CARD TWO 255.81 / VISA - CARD FOUR 601.75 VISA - CARD FIVE 1,006.43 / VISA - CARD SIX 209.16 / VISA - CARD SEVEN 822.57 VISA (CARD EIGHT) 231.17 / VISA 1,042.71 / VISA 212.75 / VISA 65.97 VISA 950.95 / WACERS 25.00 / WYOMING CO COMMISSIONERS ASSOC 6,125.00 WCS TELECOM 15.23 / WELD COUNTY SHERIFF 39.88 / WEST PAYMENT CENTER 127.16 WIRELESS ADVANCED COMMUNICATIONS 950.00 WYOMING DEPT. OF WORKFORCE SERVICES 2,394.29 / WOW DISCOUNT 13.36 WYOMING.COM 20.00 / WYOMING DIVISION OF 282.00 / ORCHARD TRUST COMPANY 5,079.26 WY DEPT OF WORKFORCE SVCS 433.35 / WYOMING DEPARTMENT OF WORKFORCE 4,879.54 WYOMING GAS 2,286.34 / WYONET INC. 5,913.95 / WYO RETIREMENT SYSTEM 22,336.77

BILLS – APRIL, 2013
HANSON'S FIRE EQUIPMENT 340.55 / HOT SPRINGS VETERINARY CLINIC 102.00 HOT SPRINGS COUNTY WEED & PEST 447.40 / TRI STATE TRUCK&EQUIPMENT,INC. 120.88 S & H GLASS, INC. 1,360.00 / DEPARTMENT OF HEALTH 15,430.99 D & D MACHINE, INC. 160.30 / HOPKINS MEDICAL PRODUCTS 218.70 WYOMING DEPT OF AGRICULTURE 50.00 / WYOMING CO. TREASURER'S ASSOC. 35.00 GALLS, AN ARAMARK COMPANY 38.25 / AFLAC (ACCOUNT #HW652) 685.27 STATE OF WYOMING - A&I 30.77 / ALLEGIANCE BENEFIT PLAN MANGT, INC. 107,353.64 AMERICAN CORRECTIONAL ASSOCIATION 35.00 / ANA MOSER 51.32 ANITA WEISBECK 105.99 / ATLAS OFFICE PRODUCTS, INC. 15.70 BRESNAN COMMUNICATIONS 55.20 / BIG HORN WATER 96.00 BLAIR'S SUPER MARKET 680.03 / PITNEY BOWES 1,000.00 / BRAD W. BASSE 303.16 AMERITAS LIFE INSURANCE CORP, 522.40 / CANYON SPORTING GOODS 46.01 CCI USERS GROUP 150.00 / CH2MHILL 3,900.00 / RED ROCK FAMILY PRACTICE 241.00 THERMOPOLIS HARDWARE 443.07 / COLONIAL SUPPLEMENTAL INS. 148.60 VERIZON WIRELESS 57.04 / VERIZON WIRELESS 48.75 / VERIZON WIRELESS 57.82 VERIZON WIRELESS 158.73 / VERIZON WIRELESS 47.91 CONTROL SOLUTIONS, INC. 316.30 / CINDY MAGELKY 216.96 / CYNTHIA GLASSON 282.39 DEBRA A. GERHARTER 132.31 / ESRI, INC. 3,400.00 / FINISHING TOUCHES 6,765.00 SHELL FLEET PLUS PROCESSING CENTER 366.92 PINNACLE BANK OF THERMOPOLIS 40,042.36 / FORENSICS LIMITED, LLC 300.00 MORTIMORE FUNERAL HOME 420.00 / GDA ENGINEERS 258,628.73 GOTTSCHE THERAPY REHAB WELLNESS 360.00 / GREENWOOD MAPPING, INC. 450.00 MOUNTAIN WEST BUSINESS SOLUTIONS 78.44 / MOUNTAIN WEST BUSINESS SOLUTIONS 12.19 HANS ODDE 192.86 / HIGH COUNTRY CONSTRUCTION INC 189,886.47 HIGH PLAINS POWER 101.96 / HOT SPRINGS COUNTY CENTENNIAL 1,850.00 HOT SPRINGS COUNTY HEALTH INS ACCT 61,082.05 HOT SPRINGS CO. SCHOOL DIST #1 3,319.44 / IMMUNIZATION ACTION COALITION 30.00 INDEPENDENT RECORD 4,065.72 / INDOFF INC. 649.62 / JILL JACOBSON-LOGAN 1,025.00 JOHN P. LUMLEY 336.86 / JT AVIATION LLC 5,017.17 JULIA'S RENTAL SALES & SERVICE INC. 56.00 / KAREN SLOCUM 38.64 LARRY R. SIPE, JR. 50.03 / MARCIA E. BEAN 156.70 / MARY L. SCHEIBLE 1,995.00 MARIE MCDOUGALL 9.76 / McGEE COMPANY 144.43 / MEADOW GOLD BILLINGS 327.73 HOT SPRINGS COUNSELING SERV. 1,100.00 / MESSENGER & OVERFIELD 946.80 MOTOROLA SOLUTIONS, INC. 14,376.00 / NATRONA COUNTY SHERIFF'S OFFICE 5,460.00 NICK A. DOWDY 141.25 / ONE STOP REPAIR & 128.37 / O'REILLY AUTO PARTS 14.87 O'REILLY AUTO PARTS 59.22 / OWL LUMBER INC. 440.69 OWL CREEK WATER DISTRICT 45,823.00 / ROCKY MOUNTAIN POWER 3,909.74 PATTY HUGHES 120.00 / PERFORMANCE AUTO & GLASS 126.99 / PENNY T. HERDT 533.71 PIZZA HUT 118.99 / PINNACLE BANK OF THERMOPOLIS 190.00 PINNACLE BANK OF THERMOPOLIS 2,215.00 / POSTMASTER 734.80 / POS WORLD 90.00 PRINT ZONE 21.75 / CENTURY LINK 651.82 / RANAE BALDES 171.06 RAYMOND E. SHAFFER 85.95 / RECOVERY SYSTEMS 3,786.56 GORRELL & HOPKINSON, P.C. 1,754.00 / RIVERTON TIRE & OIL CO., INC. 840.25 RT COMMUNICATIONS, INC. 2,058.79 / SECRETARY OF STATE 30.00 J.A. SEXAUER INC. 372.56 / SHOSHONE OFFICE SUPPLY 147.42 SHOPKO THERMOPOLIS 101.88 / SHURIE SCHEEL 84.22 / THE STANDARD INS. CO. 1,388.08 STEVENS DETAIL BLASTING 21.00 / SYSCO MONTANA, INC. 2,413.19 TEAM LABORATORY CHEMICAL CORP. 847.90 / TEPEE POOLS 282.00 THE SHOPPE FLORAL & GIFTS 84.00 / THOMAS L. BENNETT, M.D. 1,400.00 TOWN OF THERMOPOLIS 1,013.40 / TRAVELING COMPUTERS, INC. 14,962.74 TRANE U.S. INC. 145,521.90 / TRI COUNTY TELEPHONE ASSOC,INC 333.65 VERIZON WIRELESS 42.47 / VERIZON WIRELESS 32.39 / VICKLUND PHARMACY 209.22 VISA - CARD ONE 163.91 / VISA - CARD TWO 255.81 / VISA - CARD FOUR 601.75 VISA - CARD FIVE 1,006.43 / VISA - CARD SIX 209.16 / VISA - CARD SEVEN 822.57 VISA (CARD EIGHT) 231.17 / VISA 1,042.71 / VISA 212.75 / VISA 65.97 VISA 950.95 / WACERS 25.00 / WYOMING CO COMMISSIONERS ASSOC 6,125.00 WCS TELECOM 15.23 / WELD COUNTY SHERIFF 39.88 / WEST PAYMENT CENTER 127.16 WIRELESS ADVANCED COMMUNICATIONS 950.00 WYOMING DEPT. OF WORKFORCE SERVICES 2,394.29 / WOW DISCOUNT 13.36 WYOMING.COM 20.00 / WYOMING DIVISION OF 282.00 / ORCHARD TRUST COMPANY 5,079.26 WY DEPT OF WORKFORCE SVCS 433.35 / WYOMING DEPARTMENT OF WORKFORCE 4,879.54 WYOMING GAS 2,286.34 / WYONET INC. 5,913.95 / WYO RETIREMENT SYSTEM 22,336.77 8 036-NCPERS GROUP LIFE INS. 336.00 / WY-TEST 75.00 WYOMING DIVISION OF VICTIM SERVICES 105.00
9
* Transcribers Note: The meeting of April 22 was strictly an executive session to discuss potential litigation. No decisions, or actions, were made during, or as a result of, this meeting.

MINUTES OF COUNTY COMMISSIONERS MEETINGMay 7, 2013

MINUTES OF COUNTY COMMISSIONERS MEETING
May 7, 2013