MINUTES OF COUNTY COMMISSIONERS MEETING
October 1, 2013
STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    October 1, 2013
The Hot Springs County Board of Commissioners met in regular session on Tuesday, October 1, 2013 at 9:00 a.m. in the Commissioners Room at the Government Annex.

Present were Commissioners 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 Brad Basse was absent due to an out-of-town training. Vice-Chairman Baker led those present in the Pledge of Allegiance.

Approval of Agenda
John Lumley made a motion to approve the agenda with the following changes:
ADD: Other Business2. Consider Chamber of Commerce Board Ballot/Survey
3. Museum Roof Discussion
Mike Baker seconded the motion. Motion carried.

Approval of Minutes
John Lumley made a motion to approve the minutes of the regular meetings on September 3 and 17, 2013 and special meetings on September 9 and 20, 2013 as presented. Mike Baker seconded the motion. Motion carried.

Approve Bills
The following bills were submitted for approval: (see attached). Payroll for September, 2013 - $171,115.59

Maintenance Monthly Report
Maintenance Foreman Chuck Carver reported that it was discovered during the power outage last week that the switch circuit for the 911 phones is not wired into the generator. The Commissioners asked that he talk to an electrician about rectifying this situation as soon as possible.
The date of Shay Conner’s return to work is still uncertain at this time, as is her planned retirement date.
Mr. Carver reported that he has finally received the programming software for the HVAC improvements installed as part of the WYECIP project and will be working to get it installed as soon as possible. He discussed the commissioning that has been done so far and indicated that there is a lot more work to be done before the certificate of final completion can be signed. WYECIP representative John Canfield has indicated a desire to meet with the Commissioners after the final commissioning for a review of the project.

Road and Bridge Monthly Report
Road & Bridge Supervisor Dave Schlager reported there are some major culvert repairs coming up on Sand Draw and Cottonwood roads due to rainstorms this summer. A cattle guard was removed from WYDOT’s right of way on Webb Road and Highway 20 some time ago and Mr. Schlager has been contacted by property owners on Webb Road asking about replacing it. As the cattle guard was located in WYDOT’s right-of-way, he directed the property owners to discuss the matter with WYDOT. The bid documents have been released for the gravel crushing project. The bids are scheduled for opening at the November 5th Commissioners meeting. Mr. Schlager and Clerk Odde will continue to investigate putting together a presentation for the next call for the Wyoming Federal Lands Access Grant Program in an attempt to obtain funding for a major project on Black Mountain Road. Bids have been received for the new pickup to be purchased by Road & Bridge. It appears that Fremont Motors has submitted the low bid of $23,466.00 for a 2014 Ford that meets the required specifications. Mr. Schlager will proceed with ordering the vehicle after clarifying some items on the bid. Rick Hilzendeger has been hired as the new full-time Road & Bridge employee and starts October 14th.

Planner Monthly Report
Planner Bo Bowman reported that the NRPC and LUPB will both meet this month. Jason Pederson has submitted his resignation from the NRPC due to health issues. Advertising for the open slots on the NRPC has begun. Work continues on the update of the Natural Resource Plan. Mr. Bowman is currently revamping the tables within the plan and the NRPC is reviewing the final draft. The updated plan will be

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presented for the Commissioners’ review shortly. The Fire District has resubmitted their Land Use Change request to the LUPB for a hearing this month. The request will likely be presented again to the Commissioners in November. A final report on the septic season will be presented in December. The Gravel Pit extensions for Kirby #2 and Sand Draw are still in process, and will be five year extensions when they are issued.

Emergency Management Monthly Report
Emergency Management Coordinator Bill Gordon requested that the issue with the 911 phones and the generator discussed earlier by Mr. Carver be handled as expeditiously as possible. The Commissioners acknowledged the urgency of the matter and agreed to see that an electrician is contacted as quickly as possible.

Youth Alternatives Monthly Report
Youth Alternatives Director Alan Rossler reported that he currently has 11 participants in the diversion program. There was one successful completion in September and there are two people on supervised probation at this time. There was one 48-hour hold in September. Mr. Rossler presented his quarterly grant reimbursement request for the Commissioners’ approval. This is the final reimbursement request for the 2010 Grant. John Lumley moved to approve the Quarterly Grant Reimbursement Request for the VOANR/OJJDP 2010 Nonparticipating State Award Subgrant CFDA #16.540 for the period of July 1, 2013 — September 30, 2013 in the amount of $5,232.24. Mike Baker seconded the motion. Motion carried. Director Rossler presented the 2011 SubAward Agreement for the Commissioners’ approval. John Lumley moved to approve the 2011 SubAward Agreement between Volunteers of America-Northern Rockies and Hot Springs County for the VOANR/OJJDP Award #2011-JF-FX-K006 covering the period of October 1, 2013 — September 30, 2014 in the amount of $14,346.00. Mike Baker seconded the motion. Motion carried.
Director Rossler reported he had attended the award ceremony held in Lander on September 19th to receive the Juvenile Justice Advisory Council Award given to Hot Springs County by the State Juvenile Justice Council and thanked the Commissioners for their continuing support for this program.

Engineering Associates — County Road #19 Survey Update
Engineering Associates representative Anthony Barnett presented the results of the completed survey of County Road #19 for the Commissioners’ review. There are several areas of difference between the surveyed right-of-way and the actual location of the road at the present time. After review and discussion of the survey documents, the Commissioners agreed to tour the area and define the county’s options in terms of County Road #19 before taking further action. Mr. Barnett will contact the affected land owners and invite them to be a part of the tour.

Airport Update
FAA—AIP #02 Request for Reimbursement #23— Clerk Odde presented FAA Request for Reimbursement #23 for the Commissioners’ approval. Clerk Odde noted that the previous month’s negative reimbursement request was unable to be processed by WYDOT, so the negative amounts were instead made a part of this month’s reimbursement requests and the RFR #’s were adjusted accordingly. John Lumley moved approval of FAA Project 3-56-0043-02 RFR #23 in the amount of $157,644.00. Mike Baker seconded the motion. Motion carried.
WYDOT - Aeronautics Division THP-11C-2807 Request for Reimbursement #23 — Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #23 for the Commissioners’ approval. The RFR number has been adjusted as noted above. John Lumley moved approval WYDOT-Aeronautics Division Project THP-11C-2807/FAA #3-56-0043-02 RFR #23 in the amount of $4,978.00. Mike Baker seconded the motion. Motion carried.
WYDOT - Aeronautics Division THP-11B-2794 Request for Reimbursement #9 — Clerk Odde presented WYDOT-Aeronautics Division Airport Relocation Project Request for Reimbursement #9 for the Commissioners’ approval. John Lumley moved to approve WYDOT-Aeronautics Division Project THP- 11B-2794 RFR #9 in the amount of $4,919.00. Mike Baker seconded the motion. Motion carried.
FAA AIP-03 Request For Reimbursement #1 — Clerk Odde presented FAA Request for Reimbursement #1 for the Commissioners’ approval. John Lumley moved approval of FAA Project 3-56-0043-03 RFR #1 in the amount of $42.885.00. Mike Baker seconded the motion. Motion carried.
WYDOT - Aeronautics Division THP-11D-3024 Request for Reimbursement #1 — Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #1 for the Commissioners’ approval. This is the State’s share of the High Plains Power refund. John Lumley moved approval WYDOT-Aeronautics

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Division Project THP-11D-3024/FAA #3-56-0043-03 RFR #1 in the amount of $3.812.00. Mike Baker seconded the motion. Motion carried.
Funding Recap — Jeremy Gilb gave a quick recap of the funding received for Phase III and Phase IV of the airport project. The AIP-03 Grant was for $2.8MM and the AIP-04 Grant amount was for $8.165MM, for total grant funding, including match money, for these two grants of slightly over $11.0MM for the Airport Relocation Project. These grants are funded 90% by the FAA, 8% by WYDOT Aeronautics, and 2% by the County.
Phase II Update — Jeremy Gilb reported that the contractor has completed Phase II of the airport project. The contractor required 116 days to complete the contract, which was 36 days over the days allowed in the contract. Mr. Gilb reviewed Change Order #4 for Phase II of the Airport Project. The change order gives the contractor eighteen additional days due to weather, field orders and topsoil stripping, while deducting two days for deleted taxiway subgrade preparation, for a total of sixteen additional days on the contract. John Lumley moved to approve Change Order #4 with additional narrative to be placed on Attachment C clarifying the justification for the change regarding days deleted for reduction in work. Mike Baker seconded the motion. Motion carried. John Lumley moved to assess liquidated damages to High Country Construction for the remaining eighteen days over the days agreed to in the original contract at the contract-specified rate of $1,600.00/day for a total in liquidated damages of $28,800.00. Mike Baker seconded the motion. Discussion: the Commissioners emphasized that the amount of liquidated damages assessed would only cover the actual additional costs incurred by the contract days overrun — that the damages assessed were not to be construed as punitive damages. Motion carried.
Phase III Update — The completed contracts have been received from the contractor and have been reviewed by the County Attorney. The Notice to Proceed has been approved and was signed by Vice-Chairman Baker. Mr. Gilb reported that the pre-construction meeting was held October 1st on-site with the contractor. Mobilization will begin immediately, with Phase III construction to begin next week.
Relocation Update — Mr. Gilb reported that the Disinterested Third Party negotiator, Michelle Colby, has left her position with DOWL-HKM, leaving the County with the options of bringing on a new negotiator with DOWL-HKM or entering into a new contract with Ms. Colby through her new company. After discussion, the Commissioners authorized GDA to negotiate a new contract with Ms. Colby reflecting her new employment.

Consider Quitclaim Deed to H.O.P.E. Agency
The property occupied by the H.O.P.E. Agency was originally purchased in the County’s name as the sponsor of the grant used to purchase the property. The H.O.P.E. Agency is planning a new building on the site, but needs to have the property in its own name to proceed. John Lumley moved to approve the Vice-Chairman’s signature on the quitclaim deed transferring the property at 426 Bighorn, as legally described in the quitclaim deed, from Hot Springs County to the H.O.P.E. Agency. Mike Baker seconded the motion. Motion carried.

Other Business
Owl Creek Water District Water Supply Project CDBG Grant Draft Renewal Request — The original CDBG grant has expired and a new one must be approved before any more reimbursement requests can be submitted. Clerk Odde presented the new Draft grant agreement for the Commissioners’ review. The County Attorney has reviewed the agreement and finds it acceptable. John Lumley moved approval of the Chairman’s signature on the CDBG Agreement between the Wyoming Business Council and Hot Springs County for the Owl Creek Water District Waterline Project when the final agreement is received from the Attorney General’s office with the changes to the payment timing as noted in the email from Sandy Quinlan. Mike Baker seconded the motion. Motion carried.
Chamber of Commerce Board Ballot — After reviewing the ballot for the 2013-2014 Chamber of Commerce board members, a unanimous ballot was cast by the Commissioners. Clerk Odde will return the ballot by the deadline.
Museum Roof Repairs — Only one bid was received for the necessary repairs to the Museum roof. The bid was from Big Horn Roofing in the amount of $1,210.00. The funds to repair the roof were expected to come from the sale of the aluminum façade removed from the Museum earlier this year. The sale of the salvaged aluminum netted $1,111.00. Director Ross Rhodes requested that the Commissioners approve $1,210.00 for the roof repair out of Emergency Expenditures so that the $1,111.00 from the aluminum sale could be used for other repairs to the front of the museum. The Commissioners directed Clerk Odde to instruct Mr. Rhodes to proceed with the roof repairs at this time and the issue of funds for the other repairs will be taken up at a later time.

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Correspondence
Russ & Lisa Pearce — Deed of Gift to the HSC Pioneer Association
Wyoming Conservation District — Annual Convention Invitation
HSC Planner — Smith Land Use Change Notification
HSC Planner — Scenic Byway Draft Plan Comments
HSC Planner — Draft BHB RMP Supplement Comments
Carol Pickett — Hospital District Formation Comments
BIA — Answer of Interested Party: Town of Thermopolis — After discussion, John Lumley moved to submit a letter of objection (drafted by the County Attorney) to the taking of any more land into trust based upon the cumulative effect of such transfers to date on the County’s tax base. Mike Baker seconded the motion. Discussion: at this time there are already 242,320 acres in trust and reservation land in the county. Approximately 70% of County land is already public land, resulting in a conservative estimate of $110,000.00 lost each year in taxes. Motion carried.
BIA — Answer to Request for Extension — Arapaho Tribe
Wyoming Pioneer Home — Open House Invitation

Adjournment
There being no further business to come before the Board at this time, John Lumley moved to adjourn. Vice-Chairman Baker declared the meeting adjourned at 2:20 p.m.
  Attest:
_______________________________
Brad Basse, Chairman		 _______________________________
Hans Odde, Clerk to the Board


BILLS – SEPTEMBER, 2013
MATTHEW BENDER & CO.,INC. 213.08 / WACO WY ASSOC OF CO OFFICERS 130.00 HANSON'S FIRE EQUIPMENT 603.40 / HOT SPRINGS VETERINARY CLINIC 261.00 WYOMING LAW ENFORCEMENT ACADEMY 185.00 / UNIVERSITY OF WYOMING 5,808.50 BOELENS' SHOP 267.00 / HOT SPRINGS COUNTY CPR CHAPTER 35.00 OVERHEAD DOOR CO OF RIVERTON- 328.91 / HOPKINS MEDICAL PRODUCTS 106.95 WYOMING TRIAL LAWYERS ASSOC. 95.00 / GALLS LLC 280.93 AFLAC (ACCOUNT #HW652) 551.41 / STATE OF WYOMING - A&I 31.67 ALLIED BUILDING PRODUCTS CORP. 49,372.70 ALLEGIANCE BENEFIT PLAN MANGT, INC. 91,863.89 / ANITA WEISBECK 88.12 H.O.P.E AGENCY & CRISIS LINE 375.00 / ATLAS 35,000.00 BRESNAN COMMUNICATIONS 55.20 / BARTON STAM 68.93 / BIG HORN WATER 82.00 BLAIR'S SUPER MARKET 308.17 / PITNEY BOWES INC. 288.54 / BRAD W. BASSE 89.27 BRENNA HUCKFELDT 90.97 / AMERITAS LIFE INSURANCE CORP, 540.40 BRUCE N. "BO" BOWMAN 11.86 / CD SIGNS & SUPPLY 105.00 RED ROCK FAMILY PRACTICE 571.00 / THERMOPOLIS HARDWARE 177.74 COLONIAL SUPPLEMENTAL INS. 148.60 / VERIZON WIRELESS 55.71 VERIZON WIRELESS 48.73 / VERIZON WIRELESS 357.78 / VERIZON WIRELESS 157.36 VERIZON WIRELESS 47.88 / TERESA K. CORNELLA 103.96 / CINDY MAGELKY 30.00 DAVID W. SCHLAGER 50.00 / DEBRA A. GERHARTER 7.31 EMPIRE FUNERAL SUPPLY INC. 1,038.81 / FINISHING TOUCHES 32.50 / FLEETPRIDE 97.46 PINNACLE BANK OF THERMOPOLIS 42,877.36 / MORTIMORE FUNERAL HOME 3,490.00 GDA ENGINEERS 37,116.16 / GOTTSCHE THERAPY REHAB WELLNESS 300.00 MOUNTAIN WEST BUSINESS SOLUTIONS 95.04 / HANS ODDE 180.80 HIGH COUNTRY CONSTRUCTION INC 144,710.69 / HIGH PLAINS POWER 44.62 HOLLAND & HART LLP 3,000.00 / HOT SPRINGS CONSERVATION DISTRICT 19,000.00 HOT SPRINGS COUNTY TREASURER 400.29 HOT SPRINGS COUNTY HEALTH INS ACCT 67,835.79 HOT SPRINGS CO. SCHOOL DIST #1 9,646.47 / INDEPENDENT RECORD 1,762.52 INDOFF INC. 385.53 / ISABELLE M. WILLSON 95.49 / JADECO, INC. 214.93 JILL LOGAN 725.00 / JOHN P. LUMLEY 736.40 / JOEY L JOHNSON 348.04 JT AVIATION LLC 5,153.14 / JULIE MORTIMORE 201.35 / KIMBERLY J. BLACK 30.00 LOMCO,INC. 9,201.08 / MARY A. GORDON 218.09 / MARIE MCDOUGALL 5.60 MEADOW GOLD BILLINGS 342.93 / HOT SPRINGS COUNSELING SERV. 8,749.70

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MESSENGER & OVERFIELD 3,242.04 / MONTANA LIQUID TRANSPORT 5,443.49 MOORE MEDICAL, LLC 350.46 / MOTOROLA SOLUTIONS, INC. 21,479.64 NORMONT EQUIPMENT CO. 732.25 / ONE STOP REPAIR & 64.70 O'REILLY AUTO PARTS 433.76 / THE OFFICE SHOP, INC 65.36 ROCKY MOUNTAIN POWER 4,521.40 / PAINTBRUSH DENTAL 456.00 PAUL REED CONSTRUCTION & SUPPLY INC 36,739.80 / PERFORMANCE AUTO & GLASS 39.30 PENNY T. HERDT 128.59 / PINNACLE BANK OF THERMOPOLIS 740.00 PINNACLE BANK OF THERMOPOLIS 2,040.00 / POSTMASTER 979.80 / CENTURY LINK 652.76 GORRELL & HOPKINSON, P.C. 839.42 / ROSEMARY DESEYN 98.31 RT COMMUNICATIONS, INC. 2,115.49 / SANOFI PASTEUR, INC. 2,474.31 SERLKAY PRINTING 234.00 / SHELLEY DEROMEDI 111.35 SHOSHONE OFFICE SUPPLY 268.98 / SHOPKO THERMOPOLIS 20.97 / SMILEMAKERS 45.95 SNOW CREST CHEMICALS 270.00 / THE STANDARD INS. CO. 1,394.20 SYSCO MONTANA, INC. 5,844.13 / TEPEE POOLS 312.00 THOMAS L. BENNETT, M.D. 1,400.00 / TOWN OF THERMOPOLIS 23,373.59 TRAVELING COMPUTERS, INC. 16,856.93 / WYOMING DEPT OF TRANSPORTATION 5,411.50 TRI COUNTY TELEPHONE ASSOC,INC 666.02 / TWENTERPRISES, INC. 388.78 VERIZON WIRELESS 42.45 / VERIZON WIRELESS 32.10 / VICKLUND PHARMACY 734.71 VISA - CARD ONE 345.57 / VISA - CARD TWO 474.04 / VISA - CARD THREE 98.43 VISA - CARD FOUR 305.88 / VISA - CARD FIVE 261.75 / VISA - CARD SIX 256.00 VISA - CARD SEVEN 292.13 / VISA (CARD EIGHT) 583.21 / VISA 95.56 / VISA 797.06 VISA 855.70 / WCS TELECOM 17.27 / WELD COUNTY SHERIFF 24.88 WESTERN EMULSIONS, INC. 96,415.50 / WINTER EQUIPMENT CO. INC. 923.25 WYOMING DEPT. OF WORKFORCE SERVICES 3,312.41 / WOW DISCOUNT 8.29 WYOMING.COM 20.00 / WYOMING DIVISION OF 164.00 / ORCHARD TRUST COMPANY 5,369.26 WYOMING DEPARTMENT OF WORKFORCE 200.64 / WYOMING GAS 391.60 WYO RETIREMENT SYSTEM 23,360.08 / 036-NCPERS GROUP LIFE INS. 320.00
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