MINUTES OF COUNTY COMMISSIONERS MEETING January 17, 2012

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MINUTES OF COUNTY COMMISSIONERS MEETING
January 17, 2012


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    January 17, 2012
The Hot Springs Board of County Commissioners met in regular session on Tuesday, January 17, 2012 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 with the following addition:
ADD:Other Business2012 HSC Hall of Fame Class Proclamation
Mike Baker seconded the motion. Motion carried.

Ennovate, Inc. Feasibility Study Presentation
Ennovate representatives Dave Stout and Ty Miller presented the Commissioners with the Feasibility Study Report prepared for Hot Springs County and reviewed the results. Two levels of county-wide energy projects were outlined for consideration by the Commissioners. Ennovate is a certified partner in the state’s Wyoming Energy Conservation Improvement Program. Representatives for the WYECIP program will be at the February 7, 2012 Commissioner meeting to outline the program and how it can be used to benefit Hot Springs County. The Commissioners anticipate a presentation in the near future by Trane, Inc., another WYECIP- certified contractor along the same lines as Ennovate’s presentation. After the WYECIP presentation, the Commissioners will decide on the best way to proceed with energy conservation projects for Hot Springs County.

Public Health Cell Phone Request
Public Health Response Coordinator Mary Gordon appeared before the Commissioners to discuss her need for a replacement cell phone. Ms. Gordon would like to obtain a “smart phone” to take full advantage of the new technology available through the Wyoming Department of Health relating to her job. Emergency Response Coordinator Bill Gordon and Public Health Nurse Marie McDougall offered their input regarding the validity of Ms. Gordon’s request. Clerk Odde indicated that, while he supported Ms. Gordon’s request, he felt that the Commissioners needed to be aware that the county’s cell phone bill in general is increasing steadily as more and more county employees upgrade their cell phones to smart phones. Many county employees use their county-funded cell phones for personal use, also, and, while abuse of the system resulting in additional charges to the county is rare, Clerk Odde feels that there should probably be some sort of official cell phone policy adopted by the County to establish guidelines for county-funded cell phones. The Commissioners agreed that a cell phone policy needs to be developed for county-funded phones. In the meantime, Ms. Gordon’s request for a smart phone was approved. Commissioner Lumley thanked Clerk Odde and Deputy Clerk Slocum for bringing the issue to the table for discussion.

Airport Update
SRE Liquidated Damages — GDA representative Dustin Spomer reported that the Snow Removal Equipment has been delivered. There were three deficiencies noted on delivery, which are in the process of being corrected. The deficiencies included the following: Winter front for

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radiator/grill was not included, but will be delivered shortly; the cutting edge on the blade was not as specified in the bid, so that will be corrected; the specified decals for the doors were delivered but not installed — FBO Crowley will see to the installation of the decals. Regarding the liquidated damages clause, Mr. Crowley indicated that no actual costs were incurred prior to the late delivery of the SRE. The equipment was delivered 81 days late for a total in potential liquidated damages of $4,050.00. Chairman Basse felt that, as no damages were actually incurred, it would not be necessary to charge the vendor anything. Commissioners Baker and Lumley felt that there should be some penalty for the vendor being substantially late on the delivery of the equipment, even if the full amount of the damages was not assessed. County Attorney Williams indicated that he did not believe there was any legal requirement regarding assessment of full, partial or no damages and that the Commissioners were free to do as they wished. Mike Baker moved to assess Lariat International $1,000.00 of the potential $4,050.00 in liquidated damages for the missed delivery date. John P. Lumley seconded the motion. Discussion: in answer to questions from Chairman Basse, Mr. Spomer indicated that the contract is essentially complete and payment can be issued at this time. Motion carried.
Requests for Reimbursement from the FAA & WYDOT Aeronautics — Clerk Odde and Dustin Spomer discussed the statutory requirement that, upon filing for condemnation of the new airport property, the full amount of the final offer needed to be deposited with the Clerk of Court pending resolution of the condemnation action. This money has been received by the Treasurer and will be deposited with the Clerk of Court. The following requests for reimbursement reflect the FAA’s and WYDOT Aeronautics’ portion of the final offer amount of $888,000.00. The County’s share of this amount is $17,760.00
FAA Request for Reimbursement #16 — Clerk Odde presented FAA Request for Reimbursement #16 for the Commissioners’ approval. John P. Lumley moved to approve FAA Project 3-56-0032-03 RFR #16 in the amount of $843,600.00. Mike Baker seconded the motion. Motion carried.
WYDOT - Aeronautics Division Request for Reimbursement #16 — Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #16 for the Commissioners’ approval. John P. Lumley moved to approve WYDOT-Aeronautics Division Project THP-11A- 2757 RFR #16 in the amount of $26,640.00. Mike Baker seconded the motion. Motion carried.

Executive Session — Land Acquisition
Mike Baker moved to enter Executive Session at 5:35 p.m. to discuss land acquisition. John P. Lumley seconded the motion. Motion carried. Those present for the Executive Session included Commissioners Basse, Baker and Lumley, County Attorney Williams, Clerk Odde, GDA representative Dustin Spomer, and Admin Herdt. Attorney Larry Jones joined the Executive Session via telephone. John P. Lumley moved to leave Executive Session at 6:55 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during the Executive Session.

Sheriff’s Department Vehicle Purchase
Sheriff Lou Falgoust and Lieutenant Dan Pebbles appeared before the Commissioners to discuss the purchase of new vehicles for the Sheriff’s Department. The department has procured several bids to provide a new Sheriff’s Department vehicle and Lt. Pebbles indicated that the low bid of $27,032.00 for a 2012 Dodge Durango SXT AWD would provide a vehicle that would adequately serve the needs of the department. As one of the current department vehicles was recently totaled in an accident, the Sheriff would like to replace it also and would, therefore, like to purchase two of the above-specified Durangos. It is the department’s intention to trade in a 2004 Ford Expedition EXT Sport Utility 4WD with 110,800 miles with an estimated trade-in value of approximately $5,000.00 as part of this purchase. Funds to purchase the vehicles would come from the insurance proceeds from the wrecked vehicle and the Rolling Stock line item in the 2011-2012 budget. Discussion ensued regarding the insurance payment. These funds must be deposited into the county’s General Fund, not the Rolling Stock line item.

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Clerk Odde suggested that taking the entire amount for the vehicles out of the Rolling Stock line item and then making a line item adjustment at the end of the budget year to make the Rolling Stock line item whole would be the most acceptable way to handle the situation. John P. Lumley moved to approve the Sheriff’s Office expenditure of $54,064.00 from the Rolling Stock line item for the purchase of two 2012 Dodge Durango SXT AWD vehicles at $27,032.00 each. Mike Baker seconded the motion. Discussion: a question arose regarding the correct amount of the motion in light of the $5,000.00 trade-in amount. Commissioner Lumley withdrew his motion in order to clarify this. The second concurred. As the discussion continued, Chairman Basse suggested that, as Search & Rescue was in dire need of a newer vehicle, and no money had been budgeted in the 2011-2012 budget for one, it might be worth considering transferring the 2004 Expedition to Search & Rescue instead of trading it in. Search & Rescue Captain Chad Baldes was asked if this would be of help to his group until money could be budgeted for a Search & Rescue vehicle for 2012-2013. Mr. Baldes stated that it would be a definite improvement over the current Search & Rescue vehicle and he would be glad to have it. Sheriff Falgoust agreed to transfer the Expedition to Search & Rescue after removing the extra equipment, such as the video system, etc. not required in a Search & Rescue vehicle. Commissioner Baker moved to approve the expenditure of $54,064.00 from the Rolling Stock line item for the purchase of two 2012 Dodge Durango SXT AWD vehicles at $27,032.00 each. John P. Lumley seconded the motion. Motion carried.

Search & Rescue Vehicle Request
Search & Rescue Captain Chad Baldes was asked to put his request for a new vehicle in his budget narrative for the 2012-2013 budget year and continue to work with Karl Florence to find a newer, reliable vehicle to replace the oldest vehicle being used by the Search & Rescue crews. Mr. Baldes asked about the liability risks of transporting rescued individuals in the personal vehicles currently used by the Search & Rescue volunteers due to the unreliability of the current Search & Rescue vehicles. Chairman Basse will check into this issue at the next meeting of the Local Government Liability Pool board later this month.

Other Business
Set January 2013 Meeting Dates — As the first Tuesday in January, 2013 is January 1st, the Commissioners discussed the advisability of moving the first meeting in January to a different date. John P. Lumley moved to set the meeting date for the first meeting of 2013 as Thursday, January 3, 2013. Mike Baker seconded the motion. Discussion: Chairman Basse questioned if state statute set the meeting date. Review of statute 18-3-502 indicated the Commissioners had the ability change the meeting date if so desired. Motion carried.
Courthouse Communications Upgrade Project — Change Order #1 — Chairman Basse stepped down as chair for this matter due to his status as a contractor on this project. Clerk Odde reviewed the reasons for the change order submitted by Jadeco, Inc. for work performed by Wedgewood, Inc. as a subcontractor. John P. Lumley moved to approve Data Cabling Project Change Order Request #1 in the amount of $540.00. Mike Baker seconded the motion. Motion carried with Lumley and Baker voting aye and Basse abstaining.
Big Horn Federal Depository Resolution — Chairman Basse declared a conflict of interest in this matter due to his status as a director for Big Horn Federal Savings Bank and stepped down from the chair. Clerk Odde presented a Public Funds Depository Resolution from Big Horn Federal Savings Bank for the Treasurer for the Commissioners’ approval. John P. Lumley moved to approve Big Horn Federal’s application to serve as a public funds depository for the Hot Springs County Treasurer. Mike Baker seconded the motion. Motion carried with Lumley and Baker voting aye and Basse abstaining.
Lane 3 Phases 1 & 2 Right-of-Way & Utility Certificate — Clerk Odde presented Form LP-2 for the Commissioners’ approval. This declares that all right-of-way, utility and encroachment issues have been resolved for construction of Phases I & II (aka Urban Section) of the Lane 3

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project. John P. Lumley moved to approve Form LP-2 Right of Way & Utility Certificate for Phases I & II of the Lane 3 project. Mike Baker seconded the motion. Motion carried.
Homeland Security LEPTA Grant — Clerk Odde presented the grant agreement for the State Homeland Security Law Enforcement Prevention-oriented Activities Grant for the Commissioners’ approval. The County Attorney has reviewed and approved the grant agreement. John P. Lumley moved to approve the OHS LEPTA grant in the amount of $10,105.26 for the time period September 1, 2011 through March 31, 2014. Mike Baker seconded the motion. Motion carried.
Wyoming Surplus Property Resolutions — Clerk Odde presented Surplus Property Resolutions from the State for the Commissioners’ approval. There are two resolutions for consideration — one for the Sheriff’s Office and one for the County in general. John P. Lumley moved to approve the Surplus Property Resolutions designating the following people as authorized representatives to purchase surplus property on behalf of the county: Sheriff’s Office — Lou Falgoust, Dan Pebbles, Jerimie Kraushaar, Beth Helm and Cameron Simeral; County — Hans Odde, Ray Shaffer, Chuck Carver, Brad Basse and Mike Baker. Mike Baker seconded the motion. Motion carried.
HSC Counseling Center Support Letter — Clerk Odde presented a letter to the State Mental Health & Substance Abuse Services Division in support of the HSC Counseling Center’s application to renew its contract with the State to provide mental health and substance abuse services to Hot Springs County for the 2013-2014 fiscal year for the Commissioners’ approval and signature. Mike Baker moved to approve the letter to the State Mental Health & Substance Abuse Services Division in support of the HSC Counseling Center for signature. John P. Lumley seconded the motion. Motion carried.
Sage Grouse Working Group Representative Nomination — Commissioner Mike Baker has been approached by members of the Sage Grouse Working Group asking him to consider applying for the local government position with that group in part because of his past service with the State Wildlife Trust Fund. Mr. Baker stated his willingness to serve in this position if nominated and selected. The position opened up as the result of former HSC Planner Lee Campbell’s retirement. Nominations for the local government position are to be submitted to Chris Pfister, Chairperson of the Big Horn Basin Sage Grouse Local Working Group by February 20, 2012. John P. Lumley moved to support the candidacy of Mike Baker for the position of Local Government Representative on the Big Horn Basin Local Sage Grouse Working Group. Brad Basse stepped down from his position as Chairman to second the motion. Vice-Chairman Baker called for the vote. Motion carried. Commissioner Baker will work with his staff to submit the letter of application and background information prior to February 20th.
2012 HSC Hall of Fame Class Proclamation — John P. Lumley moved to approve a proclamation naming the members of the 2012 HSC Hall of Fame as follows:
2012 CLASS
OF THE HOT SPRINGS COUNTY HALL OF FAME
A PROCLAMATION
WHEREAS the quality of life in a community is directly traceable to the contributions of its citizens;
WHEREAS, it is the pleasure of the Hot Springs County Commissioners to recognize those who have made a significant contribution to this extraordinary community we call home;
WHEREAS, the search committee, which exists at the pleasure of the Commissioners, and is delegated to the local Thermopolis-Hot Springs County Chamber of Commerce for implementation, has identified five former and/or current citizens whose contributions qualify them for inclusion in the Hot Springs County Hall of Fame at this time;
NOW, THEREFORE, I, Brad Basse, Chairman, Hot Springs County Board of Commissioners do hereby proclaim the establishment of the 2012 Class of the Hot Springs County Hall of Fame consisting of the following individuals:

Ruth Clare Johnson, Cal King, Dr. Ben Gitlitz
Alfred ‘Lefty’ Graham, H. P. Curtis


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IT IS FURTHER PROCLAIMED, that the induction ceremony for the Class of 2012 will be celebrated on Saturday, April 14, 2012.
In witness whereof, we have hereunto set our hands on this 17th day of January, 2012.
ATTEST:
Brad Basse, ChairmanHans Odde,
Mike Baker, Vice-ChairmanHot Springs County Clerk
John P. Lumley, Commissioner
Mike Baker seconded the motion. Discussion: Commissioner Lumley noted that there is no cost to the County for the Hall of Fame ceremony or awards as donations cover all costs for the Hall of Fame. The recipients will be formally notified of their selection as soon as addresses are received from the Nominating Committee. Motion carried.

Correspondence
Library Board Minutes
Fairboard Minutes
HSC Assessor — HorseWorks Wyoming Transfer
Kaiser & Company — Low Tax-Exempt Financing Opportunities
Mountain West Benefits — WCCA Health Plan Project
Elisa Hunter — Enrollment Confirmation
Expenditures & Appropriations Report — December, 2011
Mieco Eyer — Nakamura Road Application Information — This letter has been forwarded to Mike Barton as the hearing officer for this application hearing. The hearing date has not yet been set.
Reid Odde — Enrollment Confirmation
Dan Wychgram — Alternative Rec Center Site
The Commissioners reviewed the foregoing correspondence. No further action was required.

Adjournment
There being no further business to come before the Board of County Commissioners at this time, John P. Lumley moved to adjourn. Chairman Basse declared the meeting adjourned at 8:05 p.m.
Attest:


Brad Basse, Chairman Hans Odde, Clerk to the Board


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