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MINUTES OF COUNTY COMMISSIONERS MEETING
March 16, 2010


- STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    March 16, 2010
The Hot Springs Board of County Commissioners met in regular session on Tuesday, March 16, 2010, at 4:00 p.m. in the Commissioners’ Room at the Government Annex.

Present were Commissioners Brad W. Basse and John P. Lumley. Also present were County Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant Penny Herdt. Chairman John P. Lumley led those present in the Pledge of Allegiance. Chairman Lumley suspended Roberts Rules of Order to enable business to be conducted in the absence of Commissioner Manning due to illness.
Approval of Agenda
Brad W. Basse moved to approve the agenda with the following additions:
ADD: Other Business 7. Consider Lane 3 SLIB Grant Resolution #2010-02
8. Road & Bridge Superintendent Selection
 Executive Session Potential Real Estate Purchase
John P. Lumley seconded the motion. Motion carried.
Appoint Land Use Planning Board Member
Clerk Odde reported that he had received no response to the advertisements for the Land Use Planning Board opening created by the passing of Carl Lawson. The Commissioners agreed that this position is important to the functioning of the LUP Board and asked Clerk Odde to re-advertise the position in hopes of filling it within the next month.
Appoint Natural Resources Planning Committee Member
Clerk Odde presented an application from Chuck Carver received in response to advertising for NRPC members. Brad W. Basse moved to appoint Mr. Carver to a first-time, 3-year position on the Natural Resources Planning Board. John P. Lumley seconded the motion. Motion carried.
HSC Memorial Hospital Foundation Funds Request
Hospital Foundation representatives Bev Koerwitz, Karen Sinclair and Patty Jeunehomme appeared before the Commissioners to ask for consideration for endowment funds during the upcoming budget process. The Foundation receives a dollar-for-dollar match from the State for any funds donated to their endowment. They are currently $59,707.00 short of the maximum amount eligible for matching funds. The Foundation members indicated that, although the matching funds program runs through 2012, funds are being disbursed on a first-come, first-served basis, and the available funding is expected to be depleted well before the expiration of the program. The Commissioners thanked the Foundation for their presentation and asked them to remain involved in the budget process. No formal action was taken at this time.
BLM Comment Request – Geothermal Energy Development
BLM Representative Carla Bird appeared before the Commissioners to discuss the upcoming release of the draft Big Horn Basin Resource Management Plan, and ask what particular comments the Commissioners might wish to have included in that draft regarding geothermal energy development in Hot Springs County. The primary issue is whether or not the area in and around the Hot Springs should be available for geothermal energy development. A final plan will not be issued until 2012, but the final day for submission of comments to be considered for the draft RMP is today, March 16, 2010. Brad W. Basse moved that the County’s official recommendation regarding geothermal protection zones be prohibition of any geothermal exploration and development within a five-mile radius of the Big Spring. John P. Lumley seconded the motion. Discussion: Commissioner Basse clarified that this recommendation would not apply to current oil and gas development within the proposed 5-mile radius of the Big Spring. Motion carried.

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Ms. Bird then asked the Commissioners whether they had any specific comments for the Draft RMP relating to oil and gas exploration in the County. Planner Lee Campbell presented a draft letter addressing recommendations for Special Management Areas for energy development in Hot Springs County, specifically the Grass Creek Fieldwide Unit, as well as other SMA’s not yet identified. Ms. Bird was given a copy of the letter with the understanding that it is an unofficial draft, and the Commissioners will review it and let her know of any changes by the end of the week.
VOA-OJJDP Grant Application Approval
Youth Alternatives Director Bob Wyss presented the VOA-OJJDP Grant Application for the Commissioners’ approval. This is a one-year grant in the amount of $23,370.00 for the period 10/01/10 – 09/30/11. County Attorney Jerry Williams has reviewed the application and has no major concerns with it. Brad W. Basse moved to approve the VOA-OJJDP Non-Participating Grant Application in the amount of $23,370.00, for the period 10/01/10 – 09/30/11. John P. Lumley seconded the motion. Motion carried.
Sandra Baker – Campaign Issues
Local attorney Sandra Baker appeared before the Commissioners to check on the status of the resolution setting the County & Prosecuting Attorney’s position as full-time or part-time for the upcoming term. Chairman Lumley indicated that the resolution may be taken up at the April 20th Commissioners Meeting.
Public Hearing – McClintock Land Use Change
Chairman Lumley declared the Public Hearing for the McClintock Land Use Change open at 5:19 p.m. Present for the hearing were Planner Lee Campbell, Bob Wyss, representing Pat McClintock, Mr. and Mrs. Rocky McClintock, Jim and Dolly Daniels, Connie Hart, and other members of the public. Planner Campbell read the Land Use Planning Board’s letter of recommendation into the record. The LUP Board sent the land use change request to the Commissioners with a “Do Pass” recommendation. Since the initial public hearing with the LUP Board, some items affecting the recommendation have come to light. The three neighboring properties, which were assumed to be zoned residential, are actually zoned for commercial use. The Cemetery District turned out to be the owner of Lane 1, so an Easement and Right- Of-Way have been obtained by Pat McClintock from the Cemetery District benefitting the property in question. Mr. Wyss advised the Commissioners that all requirements set forth by the County for a land use change have been met. Regarding parking issues, Mr. Wyss stated that parking will be provided in accordance with Chapter 8 of the County’s Land Use Plan. Neighboring land owners Jim and Dolly McDaniels presented photos and information in support of their objections to granting of the land use change, along with a letter from Pat McClintock stating her reasons for asking for the change. County Attorney Jerry Williams discussed the uniqueness of the situation in that the access road is privately owned and McClintock’s have received an easement and right-of-way from the owner. Rocky McClintock spoke in favor of the land use change, pointing out that the McClintock property is the only one in the area classified as residential at this time – all others are already classified as commercial. Planner Campbell presented the scoring matrix used in conjunction with the Land Use Plan to determine the suitability of proposed changes. County Attorney Williams indicated that, as the matrix score was positive in favor of the change, County policy dictates that the change be granted as requested. After three final calls for further comment, receiving none, Chairman Lumley declared the hearing closed at 6:00 p.m. Brad W. Basse moved approval for the land use change from residential to commercial use for the McClintock property. John P. Lumley seconded the motion. Motion carried.
Other Business
Hospital SLIB Funds Re-Allocation Request - Clerk Odde presented a letter to Rob Tompkins with the State Land & Investments Board for the Commissioners’ signature. The letter requests reallocation of $22,500.00 in leftover SLIB funds from the Hospital roof project to the Government Annex project. A letter of consent to this reallocation has been received from the Hospital Board, and a letter of consent is anticipated from the Town of Thermopolis. These letters will be attached to the request for reallocation letter to Mr. Tompkins. Brad W. Basse moved to approve the letter requesting reallocation of $22,500.00 in leftover SLIB funds from the Hospital roof project to the Government Annex project. John P. Lumley seconded the motion. Motion carried.
Certificate of State Grant-In-Aid for Airport Fly-In/Airshow - Clerk Odde presented the grant certificate from the WYDOT-Aeronautics Division providing 100% reimbursement of qualifying expenses up to $5,000.00 for the 2010 Airport Fly-In/Airshow. Brad W. Basse moved to approve the Certificate of State Grant-In-Aid between Hot Springs County and WYDOT-Aeronautics Division for State Project THP-

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12X/State Grant 2726 up to the amount of $5,000.00. John P. Lumley seconded the motion. Motion carried.
Request For Proposals - County Health Insurance - Clerk Odde reported that he did not have the RFP in hand yet. The County’s insurance consultant, Brad Johnson, has indicated that it will be ready later this week. In order to expedite the process, Clerk Odde asked the Commissioners for the latitude to review and disseminate the RFP when it is received, and to accept submissions from prospective providers for the Commissioners’ review. Brad W. Basse moved to authorize Clerk Odde to review and disseminate the RFP for County Health Insurance when it is received from Mr. Johnson. John P. Lumley seconded the motion. Motion carried.
Government Annex Landscaping Issues - Clerk Odde indicated that landscaping for the Government Annex was originally designated as an alternate. In the final plan, the alternates were not included. However, the contractor says there is enough money left over in the General Condition” account to complete the landscaping, if the Commissioners so desire. After discussion, the Commissioners decided to delay any decision pending further review of the plans and discussion with Groathouse representatives.
Revocable License Agreement with the Town of Thermopolis - Government Annex Sign – Clerk Odde presented a Revocable License Agreement application to the Town of Thermopolis for the Government Annex sign, which ended up in the Town’s right-of-way after being relocated at the Town’s suggestion. Brad W. Basse moved to approve the Revocable License Agreement application for the Government Annex sign for signature. John P. Lumley seconded the motion. Motion carried.
Consider Designation of Land Use Planning Board Secretary - Clerk Odde outlined the new legislation passed this session allowing the Commissioners to designate any one of a number of different individuals as the Land Use Planning Board Secretary. Previous to this legislation being passed, the Commissioners were required to appoint the County Clerk as the secretary to the Land Use Planning Board. Clerk Odde suggested that the Commissioners might wish to designate someone else as the LUP Board secretary at this time. After considerable discussion, Brad W. Basse moved to designate a member of the LUP Board as the LUP Board Secretary, with said member being chosen by the LUP Board. John P. Lumley seconded the motion. Motion carried.
Lane 3 Project Funding - Clerk Odde presented for the Commissioners’ approval Resolution #2010-02 as follows:
(Standardized Resolution Form Rev. 9/94 Wyoming Office of State Lands and Investments)
Resolution No.     2010-02   
Entitled: A RESOLUTION AUTHORIZING SUBMISSION OF A FEDERAL MINERAL ROYALTY CAPITAL CONSTRUCTION ACCOUNT GRANT APPLICATION TO THE STATE LOAN AND INVESTMENT BOARD ON BEHALF OF THE GOVERNING BODY FOR THE Hot Springs County FOR THE PURPOSE OF (state purpose of project): Lane 3 Improvements
WITNESSETH
    WHEREAS, the Governing Body for the Hot Springs County desires to participate in the FEDERAL MINERAL ROYALTY CAPITAL CONSTRUCTION ACCOUNT GRANT program to assist in financing this project; and
    WHEREAS, the Governing Body of the Hot Springs County recognizes the need for the project; and
    WHEREAS, the Federal Mineral Royalty Capital Construction Account Grant program requires that certain criteria be met, as described in the State Loan and Investment Board’s Rules and Regulations governing the program, and to the best of our knowledge this application meets those criteria; and
    WHEREAS, the Governing Body of the Hot Springs County plans to match the requested Federal Mineral Royalty Capital Construction Account Grant from the following source(s): (describe the source and status of all matching funds)
    NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
    Hot Springs County      , that a grant application in the amount of $    500,000     be submitted to the State Loan and Investment Board for consideration at the April 8, 2010 grant meeting to assist in funding the     Lane 3 Improvements     
    BE IT FURTHER RESOLVED, that      Hans Odde, Hot Springs County Clerk     is     hereby      designated as the authorized representative of     Hot Springs County     to act on behalf of the Governing Body on all matters relating to this grant application. PASSED, APPROVED AND ADOPTED THIS     16th     day of     March    , 2010.
John P. Lumley, Chairman
Frank T. Manning
Brad W. Basse
Attest
Hans Odde, Hot Springs County Clerk


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This resolution will allow the County to proceed with an application for Federal Mineral Royalty Grant funds to assist with the proposed Lane 3 Improvements project. Clerk Odde also presented the Federal Mineral Royalty Grant application and cover letter for the Commissioners’ consideration. After some discussion with Planner Campbell and consultant Harry Hughes regarding the status of the project, Brad W. Basse moved to approve Resolution #2010-02 authorizing submission of the Federal Mineral Royalty Capital Construction Account Grant application to the State Loan and Investment Board in the amount of $500,000.00. John P. Lumley seconded the motion. Motion carried.
Appoint Road & Bridge Superintendent - Commissioner Basse reviewed the application and interview process which the County has conducted in its search to replace recently retired Road & Bridge Superintendent Jim Skelton. Three applicants were selected for interview – one withdrew his name from consideration during the interview process. Brad W. Basse moved to appoint Ray Shaffer as the new Road & Bridge Superintendent for Hot Springs County, effective immediately. John P. Lumley seconded the motion. Motion carried. Letters will be sent to the interviewees. The Chairman will conduct phone calls after the meeting to inform the candidates of the selection.
Correspondence
Lodging Tax Board Minutes
Fair Board Minutes
Senior Citizen’s Board Minutes
Owl Creek Water District Newsletter
Airport Operations - January & February, 2010
UW-CES - 2009 Impacts Report
JUB Engineers - Fee Estimate Review
BLM - Boysen Runoff Forecast
Wyoming Assoc. of Conservation Districts - 2009 Wyoming Watersheds Progress Report
In the interest of time, the Commissioners agreed to review the foregoing correspondence items at their leisure. No action was required at this time.
Executive Session
At 6:33 p.m., Brad W. Basse moved to enter Executive Session for reasons of Potential Land Acquisition. John P. Lumley seconded the motion. Motion carried. At 6:41 p.m., Brad W. Basse moved to exit Executive Session. John P. Lumley seconded the motion. Motion carried. No action was taken during the Executive Session. Brad W. Basse moved to authorize Chairman Lumley to negotiate a real estate purchase offer on behalf of the County. John P. Lumley seconded the motion. Motion carried.
Adjournment
There being no further business to come before the Board of County Commissioners at this time Brad W. Basse moved to adjourn the meeting at 6:43 p.m. John P. Lumley seconded the motion. Motion carried.
Attest:


John P. Lumley, Chairman Hans Odde, Clerk to the Board
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