MINUTES OF COUNTY COMMISSIONERS MEETING
August 20, 2013


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    August 20, 2013
The Hot Springs Board of County Commissioners met in regular session on Tuesday, August 20, 2013 at 4:00 p.m. in the Commissioners Room at the Government Annex.

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

Chairman Basse led those present in the Pledge of Allegiance.

Approval of Agenda
John Lumley moved to approve the agenda as presented. Mike Baker seconded the motion. Motion carried.

Public Hearing — Regarding Placement of the Hospital District Question Before the Voting Public at a Special Election to be held November 5, 2013
Prior to opening the hearing, Chairman Basse requested that Clerk Odde review the statutes pertaining to special elections and the process leading up to the hearing. Clerk Odde reviewed the statutory requirements for special elections. The public hearing was advertised in the local newspaper for four weeks in a row leading up to today’s hearing. At the close of the hearing, if the Commissioners approve the resolution calling for a special election, there will be a 30 day period to allow a protest of the decision. If property owners comprising 35% of the assessed valuation of land in the county file formal, written protests against the decision by September 19, 2013, the resolution and the district will fail and no election will be held. Election of a five- member board of directors will be part of the special election. Clerk Odde reviewed the requirements and filing dates for those wishing to run for the district director positions. The Commissioners all stated their position that the purpose of the public hearing was to determine if the formation of a hospital district should be put before the voters in a special election, and, if so, when the special election should be held - Clerk Odde indicated the choices would be a special election on November 5, 2013, a special election on May 7, 2014, or as part of the General Election to be held on November 4, 2014. Chairman Basse declared the hearing open at 4:11 p.m.
Comments were received from the following members of the public: J.B. Roden (by letter), Tom Sullivan, Sr., Patty Georgius, C.W. Clark, Kay Rush, Carrie Galovich, Karen Sinclair, Clark Mortimore, Dr. Jason Weyer, Dr. Travis Bomengen, Amber Galovich, Dr. Bill Williams, Robin Roling, Dr. Vernon Miller and Beth Drake. After three calls for further comments, receiving none, Chairman Basse declared the public hearing closed at 5:28 p.m.

Consider Hospital District Formation Election Resolution 2013-08
John Lumley moved approval of Resolution 2013-08 placing the question of formation of a hospital district on the ballot for a special election to be held on November 5, 2013 as follows:
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF HOT SPRINGS COUNTY, WYOMING
RESOLUTION NO. 2013-08
HOSPITAL DISTRICT FORMATION ELECTION ORDER
WHEREAS, a Hospital District in Hot Springs County does not presently exist, and

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WHEREAS, the Board of County Commissioners received a request from the Hot Springs County Memorial Hospital Board on July 16, 2013 to conduct a public hearing to allow public comment on whether a hospital district formation election should be held, and
WHEREAS, the Board of County Commissioners held said public hearing on August 20, 2013, and
WHEREAS, Wyoming Statute §35-2-401(d)(i) gives the Board of Commissioners of Hot Springs County the authority to submit the question of establishing the special hospital district to the electors of the proposed district by resolution, and
WHEREAS, the proposed district boundaries shall be the entire County of Hot Springs, and
WHEREAS, the proposed district shall be named Hot Springs County Hospital District, and
WHEREAS, a special formation and initial district director election authorized under Wyoming Statute §22-21-103 shall be held on November 5, 2013.
NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of Hot Springs County hereby order the Hot Springs County Clerk to conduct an election on November 5, 2013 and submit the question of formation for a Special Hospital District and the election of the initial district directors to the electors of Hot Springs County. Signed on this 20th day of August A.D. 2013
ATTEST:
Brad W. Basse, ChairmanHans Odde, County Clerk
Mike Baker, Vice-Chairman
John P. Lumley, Commissioner
Mike Baker seconded the motion. Discussion: Commissioner Baker stated that he feels strongly that the hospital district issue should be placed before the voters, but he believes waiting until the General Election in November, 2014 will result in a more educated electorate and higher voter turnout than placing it before the voters in a Special Election held in November, 2013. Commissioner Baker also stressed that he feels there is a great deal of confusion regarding the separation of the hospital district establishment issue from the issue of the need for a new hospital, and that delaying the election until next year would allow time for clarification of these issues in the minds of the voters. Commissioner Lumley agreed with Commissioner Baker regarding the confusion over the two issues, but did not feel that postponing the election for a year would make an appreciable difference in the level of voter education. Chairman Basse expressed the hope that personal and business issues regarding support or lack thereof for the hospital district could be separated in the voter’s minds. He stated that he would like to see the issue put before the voters when it has the best chance of passing the first time, and he believes November 5, 2013 is that time. The question was called. Commissioner Baker voted nay, Commissioner Lumley voted aye and Chairman Basse broke the tie with an aye vote. Motion carried.

Fred Carey — EDC Issues
Fred Carey, owner of Riverbend Sheet Metal, appeared before the Commissioners to express his unhappiness over the actions of the Thermopolis-Hot Springs County Economic Development Company in his recent dealings with them. Mr. Carey had purchased a lot from the EDC in the Red Rock Commercial Center earlier this year and has now sold the lot back to the EDC after he was unable to get financing to proceed with his business plans. Mr. Carey asked to go on record as being in total opposition to the funding set aside for the EDC in the 2013-2014 County Budget. Mr. Carey also expressed interest in the open board position on the EDC board resulting from the recent resignation of one of its members. The Commissioners explained the budget process to Mr. Carey and explained that they have no oversight authority for the EDC. It was suggested that Mr. Carey speak to the EDC Board members regarding his desire to serve as a board member.

WYECIP Update
TRANE representatives Kim Ketchum and Dan Marshall appeared before the Commissioners to announce that the Hot Springs County Energy Performance Contract is essentially complete.

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Final commissioning and completion is anticipated by August 30th. Chuck Carver agreed with Ms. Ketchum and Mr. Marshall regarding the level of completion on the project. The next step in the process will be a final walkthrough with TRANE representatives and County representatives prior to the signing of the Certificate of Substantial Completion at the September 3, 2013 meeting. This walkthrough is scheduled for Tuesday, August 27th, at 2:00 p.m. After the final commissioning is complete, a measurements and validation team will be assigned to perform semi-annual reviews to ensure the county is achieving the contracted energy savings from the WYECIP project. Ms. Ketchum assured the Commissioners that a hand-off meeting will be arranged as soon as the M&V team has been assigned. Discussion ensued regarding individual control over the thermostats, as this has become a contentious issue in several offices. Ms. Ketchum suggested that this issue would be more efficiently discussed during the walkthrough next week.

Keypad Security System — Airport
Tim Lippincott and Jerry Fields appeared to update the Commissioners on current operations at the airport. There have been some problems with the fuel pumps, but at present they are working fine. Two airplanes have moved off the airport and one has moved on. Tim and Jerry have investigated pricing for a keypad security system for the airport gate and have come to the conclusion that Jadeco’s bid is the lowest at $250.00. Jadeco will proceed with installation of a keypad security system for the airport gate. Jerry asked about the radios discussed at an earlier meeting. Clerk Odde will check with Bill Gordon and let Jerry know as soon as possible.

Airport Update
Phase II — Jeremy Gilb reported that the contractor has finally provided an official request and justification for 21 additional days to achieve substantial completion of the Phase II project. Mr. Gilb does not believe that number is justified at this time. He will continue to investigate this and will present a change order for Commissioner approval at the next meeting. Commissioner Baker asked for a delineation of additional costs incurred for GDA’s services above the contracted amount versus the amount budgeted for liquidated damages to accompany the change order when it is submitted for consideration. Regarding the sub-grade preparation for the parallel taxiway portion of the contract, the contractor has asked to reduce the amount of surveying and density testing and the specification on the smoothness testing. GDA recommends a reduction in the smoothness testing spec, but not in the amount of surveying and density testing and will submit a change order for this at the next meeting. The FAA and WYDOT have already agreed to these changes. Mr. Gilb asked the Commissioners to be thinking about a date for the final walkthrough for the Phase II project sometime in the latter part of September. No firm date was set at this time.
Phase III — Mr. Gilb reported that the contractor has agreed to extend the bid hold date by 30 days to September 15th. The FAA is still confident that Hot Springs County will receive funding in the third round of federal funding, which they expect to be released before the end of September.
Relocation Issues — Dustin Spomer reviewed the letter sent to the Commissioners by Michelle Colby, the attorney working with Joe Holden and Hot Springs County as a disinterested third party assisting with the land acquisition/relocation process. Ms. Colby has been under contract to Mr. Holden and has expended the amount agreed upon for her services. In her letter, Ms. Colby outlined the work done so far, proposed a scope and fee schedule for the remaining work to be done, and requested that her new contract be with the Commissioners rather than with the Holdens to ensure grant eligibility for the remaining work. Mr. Spomer suggested that the county go ahead with the contract with Ms. Colby to complete the work on the relocation process, as it appears that all of Ms. Colby’s work will be reimbursable under the terms of the airport grants. Mike Baker moved to accept the terms and conditions of the letter dated July 15, 2013 to Hans Odde from Michelle Colby establishing a contract between Hot Springs County and DOWL HKM

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for relocation assistance with the Holden property in the amount of $21,790.00, contingent upon approval of the contract by the FAA and WYDOT Aeronautics. Brad Basse seconded the motion. Motion carried.
Mr. Spomer reported that Holdens have yet to sign the easement agreements with the County for water lines and utilities as approved at the May 21st meeting. If the remnant Holden property is sold without the easements signed and recorded, negotiations will have to start over with a new owner. After some discussion, Mike Baker moved to file the appropriate notice to the public that there exists an unexecuted contract between Hot Springs County and the Holdens containing easement requirements applicable to the remnant parcel as described in the unexecuted contract. Brad Basse seconded the motion. Motion carried.

Award Plow Truck Bid
After reviewing the bids opened on August 6, 2013 for the Road & Bridge plow truck for accuracy and completeness, R&B Supervisor Ray Shaffer recommended acceptance of the bid from Jack’s Truck & Equipment for a Freightliner truck as specified in JTE’s bid with the 380 horsepower engine option for a total price of $150,166.00. After reviewing the complete specifications with Mr. Shaffer, Mike Baker moved to approve the purchase of a plow truck from Jack’s Truck & Equipment as bid with the 380 hp engine option in the amount of $150,166.00, funds to come from the Rolling Stock line item. Brad Basse seconded the motion. Motion carried.

Consider Road & Bridge Tractor Purchase
Road & Bridge Supervisor Ray Shaffer informed the Commissioners that his department has located a tractor to replace the old tractor used to pull the mowing equipment. The used New Holland 62 hp tractor is available from the local WYDOT shop at a cost of $5,411.50. Mr. Shaffer requested permission to purchase the tractor using funds from the Rolling Stock line item. After some discussion, Mike Baker moved to approve the purchase of the New Holland tractor from WYDOT for an amount not to exceed $5,500.00, with funds to come from the Rolling Stock line item. Brad Basse seconded the motion. Motion carried.

Consider Kodiak Petroleum Approach Permit Application
Kodiak Petroleum filed an approach permit application for an approach on East Sunnyside (County Road 27E). R&B Supervisor Shaffer has reviewed the application and approved it. All required fees have been received. Mike Baker moved approval of the Approach Agreement between Hot Springs County and Kodiak Petroleum for an approach to be located on County Road 27E approximately 0.3 miles from the start of said County Road. Brad Basse seconded the motion. Motion carried.

WYDOT Guardrail Discussion
R&B Supervisor Ray Shaffer reported that he has been approached by local WYDOT officials with an offer to sell recently-removed guardrails and posts to the county at scrap prices. The Commissioners authorized Mr. Shaffer to purchase the material if he feels the county will have a use for it and has the money available in his budget to purchase it.

Correspondence
BHBNDC Board Minutes — July, 2013
Library Board Minutes — July, 2013
NRPC Minutes — June, 2013
Fair Board Minutes — July, 2013
Museum Board Minutes — July, 2013
HSC Planner — Blough Letter re: Riverine Boundaries
Spectra Energy — Express-Platte Pipeline Information/Emergency Procedures

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Executive Session — Personnel Issues
Mike Baker moved to enter Executive Session for reasons of potential litigation at 8:00 p.m. Brad Basse seconded the motion. Motion carried. Those present at the Executive Session were Commissioners Basse and Baker, County Attorney Williams, Clerk Odde, Deputy Clerk Karen Slocum, Maintenance Foreman Chuck Carver, and Administrative Assistant Herdt. Mike Baker moved to leave Executive Session at 8:37 p.m. Brad Basse seconded the motion. Motion carried. No formal action was taken during or as a result of the Executive Session.

Adjournment
There being no further business to come before the Board of County Commissioners at this time, Mike Baker moved to adjourn. Chairman Basse declared the meeting adjourned at 8:40 p.m.
Attest:
_______________________________
Brad Basse, Chairman
  _______________________________
Hans Odde, Clerk to the Board
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