MINUTES OF COUNTY COMMISSIONERS MEETING March 20, 2012

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MINUTES OF COUNTY COMMISSIONERS MEETING
March 20, 2012


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    March 20, 2012
The Hot Springs Board of County Commissioners met in regular session on Tuesday, March 20, 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
Mike Baker moved to approve the agenda as presented. John Lumley seconded the motion. Discussion: Chairman Basse asked to add an item under Correspondence – 10. Woodrow West email correspondence. Commissioner Baker agreed and Commissioner Lumley concurred with adding the item under Correspondence. Motion carried.

Lane 3 Project Bid Award
Engineering Associates representative Heath Overfield confirmed that a concurrence letter has been received from WYDOT approving the bid tabulation and recommendation to award the bid for the Lane 3 project to Dave's Asphalt – Riverton in the amount of $777,936.00. Heath presented copies of the Notice of Award for the Commissioners' approval. Mike Baker moved to accept the low bid for the urban section of the Lane 3 Improvement project from Dave's Asphalt in the amount of $777,936.00 and issue said Notice of Award. John P. Lumley seconded the motion. Discussion: Heath indicated that after some discussion with SLIB officials, it appears that SLIB is amenable to increasing their percentage of participation in the project so long as the total SLIB reimbursement amount is within the $500,000.00 grant award. Heath asked for the Commissioners' approval to work with the County Clerk to draft a letter to SLIB formally asking for an increase in the reimbursement percentage from 38% to 46%. If approved, this would bring the County's estimated share of the project to $133,086.00. Motion carried. John P. Lumley moved to request Hans and Heath to draft a letter to SLIB requesting modification of the grant reimbursement amount to 46% up to the grant amount of $500,000.00. Mike Baker seconded the motion. Motion carried. Mike Baker moved to authorize the chairman's signature on the completed contract documents when they are received back from the successful bidder and have been reviewed and approved by Engineering Associates and the County Attorney. John P. Lumley seconded the motion. Discussion: After paperwork has been signed, there will be a pre-construction meeting with the contractor to establish a construction start date. Motion carried.

Closing on Airport Property
Due to inclement weather, Joe Holden was not able to attend the meeting. Arrangements were made to meet Mr. Holden at Stockmen's Bank in Worden, Montana at 1:00 p.m. on Wednesday, March 21, 2012 to sign the papers to close on the land acquisition for the airport relocation.

WYDOT - Aeronautics Division Request for Reimbursement #3
– Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #3 for the Commissioners' approval. John P. Lumley moved to approve WYDOT-Aeronautics Division Project THP-11A-2807/FAA #3-56-0043-02 RFR #3 in the amount of $6,750.00. Mike Baker seconded the motion. Discussion: This reimbursement request covers the State's 3% share of the Administrative

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Settlement costs to be paid to Joe Holden as part of the deal for land acquisition for the new airport. Motion carried.

FAA Airport Relocation Request for Reimbursement #3
– Clerk Odde presented FAA Airport Relocation Request for Reimbursement #3 for the Commissioners' approval. John P. Lumley moved to approve FAA Project 3-56-0043-02 RFR #3 in the amount of $213,750.00. Mike Baker seconded the motion. Discussion: This request covers the FAA's 95% share of the Administrative Settlement. The 2% share of the Administrative Settlement borne by Hot Springs County comes out to $4,500.00. Total amount of the Administrative Settlement is $225,000.00 Motion carried.

Airport Update
GDA representative Jeremy Gilb reported that work on the airport design has resumed and requested approval to set up a workshop with representatives from the FAA, WYDOT- Aeronautics, GDA and the Commissioners to review the design progress and discuss some project management/scheduling details. The workshop was set for Monday, March 26th at 1:00 p.m. This meeting will be held in the Commissioners' Room at the Annex with some parties joining via conference call.

Emergency Management Monthly Report
Emergency Management Coordinator Bill Gordon reminded the Commissioners of the upcoming statewide Public Health Exercise to be held on May 15th at the Fairbuilding. He encouraged the Commissioners to sign up to participate in this exercise. Mr. Gordon reviewed the cut-off dates for the current Homeland Security Coroner's and Citizen Corps grants. He anticipates that both grants will be fully-expended/encumbered prior to the cut-off date.

Hot Springs County Counseling Center Funds Request
HSCCC Director Al Braaten and HSCCC board members Sharon Skiver and Bobbi Overfield appeared before the Commissioners to discuss the availability of the funds previously cut from the center's budget requests for the last two fiscal years. Mr. Braaten reviewed the budget cuts his agency has experienced during the last few years and the HSCCC board members emphasized the ways the center serves the residents of the county. In response to questioning from the Commissioners, Mr. Braaten indicated that, while grant funding has increased, those funds are not available for on-going operating expenses, which also continue to rise – hence the request for the $10,000.00 from the county. After a quick review of the current budget, Clerk Odde requested that this item be carried forward to the April 3rd Commissioners meeting so that he might review the options in depth and make suggestions as to if/where the funds requested might be available in this year's budget. This item will be placed on the April 3rd agenda for action by the Commissioners.

Off-Road Recreational Vehicle Use of County Roads Designation Discussion
Ray Shaffer reported that Josh Enos with the State Parks Division has requested designation of Grass Creek Road for off-road vehicle use, which would enable off-road vehicles to travel on the road without a license plate if they have a current ORV sticker. Mr. Shaffer presented, for discussion purposes, a resolution passed in Fremont County opening their county roads to off- road vehicle use. After extensive discussion including input from Treasurer Mickey Jean Ford, R&B Supervisor Ray Shaffer, Wyoming Trails representative Steve Boyer, and Sheriff Lou Falgoust, the Commissioners declined to designate any County roads open to off-road vehicles without a license plate at this time, citing insurance and law enforcement concerns.

Resolution 2012-01 – Appointment of Part-Time Magistrates
Clerk Odde presented a resolution appointing five part-time magistrates to the Hot Springs County Circuit Court for the Commissioners' consideration. The part-time magistrates were

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nominated by the 5th Judicial District Circuit Court Judges for confirmation by resolution by the County Commissioners. John P. Lumley moved to approve Resolution 2012-01 – Appointing Part-Time Magistrates as follows:
RESOLUTION 2012-01
APPOINTING PART-TIME MAGISTRATES
WHEREAS, Hot Springs County Circuit Court of the 5th Judicial District is in need of Part-time Magistrates; and
WHEREAS, effective July 1, 2006 Magistrates must reside in the 5th Judicial District, Washakie, Park, Hot Springs and Big Horn County; and
WHEREAS, the appointment of cross-county part-time magistrates will aid the circuit Court in the assignment of cases where conflicts of interest arise and otherwise allow the Court to manage its docket more efficiently; and
WHEREAS, the Circuit Court Judges have recommended the appointment of the following attorneys as part-time magistrates:
Edward G. Luhm, resides in Washakie County
John P. Worrall, resides in Washakie County
Randy L. Royal, resides in Big Horn County
Jill Jacobsen, resides in Hot Springs County
Bobbi Overfield, resides in Hot Springs County
WHEREAS, it is in the best interests of the administration of justice for the citizens of Hot Springs County that the above-named attorneys be appointed as part-time magistrates in and for the Circuit Court of Hot Springs County, Fifth Judicial District.
THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONS OF HOT SPRINGS COUNTY THAT Edward G. Luhm, John P. Worrall, Randy L. Royal, Bobbi Overfield and Jill Jacobsen be appointed as part-time magistrates for the Circuit Court, pursuant W.S. 5-9-110 subject to further Order of the Circuit Court Judges.
RESOLVED THIS 20TH day of MARCH, 2012
BOARD OF COUNTY COMMISSIONERS
HOT SPRINGS COUNTY, WYOMING:
Brad W. Basse, ChairmanATTEST: Hans Odde, Clerk to the Board
Mike Baker, Vice-ChairmanJohn P. Lumley, Commissioner
Mike Baker seconded the motion. Motion carried.

Appoint NRPC Member
Clerk Odde reported that Mark Thiesse has applied for one of the open positions on the Natural Resources Planning Committee. Mr. Thiesse's application was reviewed by the Commissioners. Mike Baker moved to appoint Mark Thiesse to the NRPC. John P. Lumley seconded the motion. Motion carried. Mr. Thiesse and the NRPC will be notified of the appointment in a timely fashion.

Consider Transfer of Seized Property to State Liquor Division
County Attorney Williams asked for the Commissioners' approval to transfer seized gambling machines to the State Liquor Division for training purposes. Law enforcement representatives have expressed support for this transfer. John P. Lumley moved to approve the County Attorney's signature on the transfer documents. Mike Baker seconded the motion. Motion carried.

Other Business
Utility License Agreement – Rocky Mountain Power for Douglas Betts – Clerk Odde presented an amended Utility License Agreement application from Rocky Mountain Power to provide service to Douglas Betts at 365 Coyote Run. Ray Shaffer has reviewed and approved the amended agreement and all fees have been paid. Mr. Shaffer stated that all underground

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county road crossings going forward will be required to be bored rather than cut as it is very difficult to return and maintain the road to its original state after it has been cut. Mike Baker moved approval of the amended Utility License Agreement between Hot Springs County and Rocky Mountain Power for work at 365 Coyote Run for Douglas Betts. John P. Lumley seconded the motion. Motion carried.
Utility License Agreement – Tri-County Telephone for Owl Creek/Anchor Remote Upgrade 2012 – Clerk Odde presented a Utility License Agreement application from Tri-County Telephone Association for work in the County Road 1 (Owl Creek Road) right-of-way to install fiber optic cable to improve phone service and provide Internet service to customers in the area. All fees have been paid. Ray Shaffer has reviewed and approved the application. John P. Lumley moved to approve the Utility License Agreement between Hot Springs County and Tri-County Telephone Association for the Owl Creek/Anchor Remote Upgrade 2012 project. Mike Baker seconded the motion. Motion carried.
Central Bank & Trust Public Funds Depository Application – Clerk Odde presented the annual agreement with Central Bank & Trust to act a depository for public funds. Mike Baker moved approval of Central Bank & Trust's Resolution to act as a depository for public funds. John P. Lumley seconded the motion. Motion carried.
Wyoming Association of Risk Management Unacceptable Driving Record Criteria Discussion – Clerk Odde reviewed a policy recently instituted by the county's property insurance carrier setting out unacceptable driving record criteria for county employees, volunteers and elected officials who operate a motor vehicle in the course and scope of their county duties. At this time, it appears that this would primarily affect Law Enforcement, Road & Bridge and the Assessor's Office. John P. Lumley moved to approve the Unacceptable Driving Record Criteria as proposed by W.A.R.M. Mike Baker seconded the motion. Discussion: County Attorney Williams pointed out that the policy states that W.A.R.M. may choose to modify the violating entity's coverage by eliminating property coverage for future occurrences arising out of motor vehicle accidents involving an employee, volunteer or elected official that meets any of the unacceptable driving criteria. Motion carried. John P. Lumley moved to develop and formally adopt a county-wide policy regarding this list of unacceptable driving record criteria, and communicate the new policy to all county employees, volunteers and elected officials. Commissioner Baker stated that all county employees should be notified as soon as possible of the criteria established by the insurance company. County Attorney Williams felt that all the elected officials should communicate the criteria to their employees immediately so that any potential problems could be addressed in a timely fashion while the policy was being developed. Mike Baker seconded the motion. Discussion: the Commissioners felt that this action should take place as soon as possible. Chairman Basse suggested approaching W.A.R.M. for assistance in crafting the policy. Motion carried.

Correspondence
Koerwitz, Michel & Wright – Year-End Accounting Changes – KMW is asking that the County make all necessary budget amendments by the end of the fiscal year. Clerk Odde agreed to take steps to ensure this occurs.
State Historic Preservation Office – Kirby Jail and Town Hall National Historic Places Designation
UW Extension – 2011 Impact Statements
Children's Justice Conference Registration Information NACO 2012 Annual Conference Information Bureau of Land Management – Worland Field Office Address Change
Fair Board Minutes – February, 2012
Library Board Minutes – February, 2012
Bureau of Reclamation – Boysen Reservoir Flush Dates, Boysen Reservoir Information
Meeting Date, Buffalo Bill Reservoir Information Meeting Date


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Woodrow West – E-mail Correspondence – Commissioners agreed that all the information requested in this correspondence is part of the public record and has been available through the local newspaper on an ongoing basis since the beginning of the airport project.
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, Chairman Basse declared the meeting adjourned at 6:50 p.m.
Attest:


Mike Baker, Vice-Chairman Hans Odde, Clerk to the Board


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