MINUTES OF COUNTY COMMISSIONERS MEETING May 15, 2012

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MINUTES OF COUNTY COMMISSIONERS MEETING
May 15, 2012


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    May 15, 2012
The Hot Springs Board of County Commissioners met in regular session on Tuesday, May 15, 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 change:
ADD:Regular BusinessLarry Bentley9. Drought Assistance Request Letter
Mike Baker seconded the motion. Discussion: It was pointed out that there was another item to add to the agenda. Mike Baker moved to amend the original motion to include:
ADD:Other Business6. Approve East Grass Creek Road name change
Commissioner Lumley seconded the amendment. Amendment carried. Vote called on the original motion. Motion carried.

Appoint Land Use Planning Board Member
Clerk Odde reported that no applications had been received for the open position on the Land Use Planning Board. The Commissioners asked Clerk Odde to re-advertise for the position, with an appointment date of June 19, 2012.

Interagency Cooperative Fire Management Agreement
HSC Fire District representatives Clint Huckfeldt and Jim Cowger presented the 2012 Wildland Fire Management Annual Operating Plan for the Commissioners' approval. This plan is prepared as part of the ICFMA between the BLM, State Forestry, Hot Springs County and the HSC Fire District. Mr. Huckfeldt indicated that there have been no changes except for contact information and dates from last year's plan. Mike Baker moved to approve the Interagency Cooperative Fire Management Agreement – 2012 Wildland Fire Management Annual Operating Plan. John Lumley seconded the motion. Motion carried.

Maternal Family Health Grant
Public Health Nurse Marie McDougall presented information about the annual Maternal Family Health Grant to the Commissioners. The final grant agreement will be presented for the Commissioners' signatures in the near future.

Insurance Renewal Review
Brad Johnson, the county's insurance consultant, presented the annual renewal review for the county's health insurance plan. The renewal rate for the main policy includes an increase in total premium rates of 5.85% with the current insurance carrier. The Commissioners agreed to continue with the current carrier, Bardon Insurance, for the Health Insurance policy. Mr. Johnson suggested moving the Excess Risk Reinsurance policy to a different carrier to take advantage of a considerably lower renewal rate for that policy. Mike Baker moved to change excess risk reinsurance carriers from Bardon Insurance to Excess Risk RE. John Lumley seconded the motion. Motion carried.
Mr. Johnson presented a document extending his contract to provide insurance consulting services to the county for the Commissioners' approval. John Lumley moved to approve the contract with Brad Johnson/Covenant Insurance for insurance consulting services for the period July 1, 2012 through June 30, 2013 in the amount of $5,500.00. Mike Baker seconded the motion. Motion carried.

Nakamura Road Application
At their previous meeting, the Commissioners had tabled all decisions relating to the Nakamaura Road application to the May 15, 2012 meeting and requested that all parties involved make good faith efforts to

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resolve their differences by that date. Written communication received from the parties involved and questioning of attorney John Davis (present on the Miller's behalf) indicated a failure to reach a resolution at this point. John Lumley moved to deny the Motion to Dismiss as filed by attorney John Davis on behalf of Vernon and Rachel Miller. Mike Baker seconded the motion for purposes of discussion. After extensive discussion, Chairman Basse called for a vote. John Lumley voted aye, Mike Baker voted nay, and Chairman Basse voted aye. Motion carried. On the remaining question of whether to deal with the application within the Commission or certify it to District Court for resolution, John Lumley moved to approve the Chairman's signature on an order certifying the matter to District Court. Mike Baker seconded the motion for purposes of discussion. After further discussion, Chairman Basse called for a vote. John Lumley voted aye, Mike Baker voted nay and Chairman Basse voted aye. Motion carried. County Attorney Williams will draft the order certifying the Nakamura Road application to District Court for the Chairman's signature.

Tax Rebate
Assessor Shelley Deromedi presented the following tax rebate for the Commissioners' approval:
Rebate #2-12 – Merit Energy Company – Parcel #3379 – Oil production at Hamilton Dome Field during 2008. Merit filed amended return in response to a letter from the Minerals Tax Division of the DOR informing Merit of discrepancies between Severance Tax and Gross Products reporting, resulting in over- assessment of $10,364. Taxes in the amount of $694.70 need to be rebated. John Lumley moved to approve rebate #2-12 to Merit Energy Company for Parcel #3379 in the amount of $694.70. Mike Baker seconded the motion. Motion carried.

Tax Abstract
Assessor Deromedi presented the Commissioners with the Tax Abstract for the tax year 2012. This abstract does not reflect state assessed property values.

Airport Update
GDA representative Jeremy Gilb joined the meeting by telephone to provide an update on the progress of the new airport.
Supplemental Environmental Assessment – Clerk Odde presented the scope of work/contract agreement with Barnard Dunkelberg & Company, Inc. for completion of the Supplemental Environmental Assessment for the new airport for the Commissioners' consideration. Mr. Gilb reported that both the FAA and WYDOT have reviewed and approved the contract. County Attorney Williams asked that the word "City" in Section 25.3.a.1. be changed to "County" and indicated no other problems with the contract. John Lumley moved to approve the Scope of Work/Contract Agreement between Hot Springs County and Barnard Dunkelberg & Company, Inc. for the Supplemental EA for the Airport in the amount of $51,805.36 with the correction as noted by County Attorney Williams. Mike Baker seconded the motion. Motion carried.
GDA Engineers Addendum C to Amendment #1 to the 5-Year Generalized Agreement – This document was approved at the last meeting pending review and approval by the FAA and WYDOT. Mr. Gilb reported that this approval has been received.
85% Design Review Meeting – Mr. Gilb indicated that May 24, 2012 at 10:00 a.m. seems to be the most agreeable time for a teleconference with the FAA and WYDOT for the 85% Design Review Meeting. The conference should last no more than two hours. An agenda will be forthcoming in the next few days from GDA.
Relocation Submittals – Mr. Gilb reported that there are no submittals from the landowner for approval by the Commissioners at this time. GDA is currently waiting on further action by the landowner to process submittals for approval. Dustin Spomer has been communicating with WYDOT Right-Of-Way/Relocation expert John Sherman in an attempt to ensure that all the necessary procedures are being followed to process the relocation submittals as quickly and efficiently as possible.
Letter Regarding Federal Grant Match Change – Chairman Basse updated the Commission on his conversations with Senator Barrasso's staff regarding the status of legislation to grandfather small general aviation airports already under construction in to the 95% federal funding match instead of the newly instituted 90% match. Mr. Gilb told the Commissioners his office would be glad to do further research into this matter and will report back at the 85% Design Review Meeting.

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Owl Creek Gravel Products
OCGP representatives Harry Hughes and Everett Seaton appeared before the Commissioners to discuss the letter sent to the Commissioners in March regarding the County's procurement process for material used in county road projects. The Commissioners discussed the procurement process with Mr. Hughes and assured him that he would be given the opportunity to provide quotes for materials for county road projects going forward. Mr. Hughes also asked for time on a future agenda to discuss the different types of road base available for construction through his company. He will be contacted with a date and time for this presentation.

Drought Declaration Letter
Larry Bentley appeared before the Commissioners to discuss the current drought situation in the county. He reviewed the current snowpack conditions and the forecast precipitation amounts for the upcoming months. Mr. Bentley asked the Commissioners to consider a proclamation declaring Hot Springs County to be an agricultural disaster area due to the impending drought and to write a letter asking the governor for drought assistance should it become available. This letter needs to be to the governor's office by May 31, 2012. Mike Baker moved to adopt a resolution declaring Hot Springs County an Agri-Business Disaster Area due to drought and to draft a letter to the governor asking for drought assistance for Hot Springs County. John Lumley seconded the motion. Motion carried.

Chairman Basse turned the chair over to Vice-Chairman Baker at 6:25 p.m. in order to present the Commissioners' scholarships at the Senior Awards Night. Robert's Rules of Order were suspended so that business might be conducted in the absence of Commissioner Basse.

Other Business
Guardians Ad Litem Memorandum of Understanding – This item was tabled from the last meeting as the MOU contained some language that the Commissioners wished for the County Attorney to discuss with state director of the GAL program. County Attorney Williams reported that he had spoken with Stacy Obrecht and he was now willing to approve the MOU as to form and recommended that the Commissioners sign it as presented. John Lumley moved to approve the Memorandum of Understanding between the State of Wyoming, Office of the State Public Defender, Wyoming Guardians Ad Litem Program and Hot Springs County for the time period of July 1, 2012 through June 30, 2014, including a 25% County match of all GAL funds expended in Hot Springs County as invoiced quarterly. Mike Baker seconded the motion. Motion carried.
Annual USFS Shoshone Forest Law Enforcement Agreement – Clerk Odde presented the Annual Operating Agreement between the US Forest Service and the Hot Springs County Sheriff's Department for law enforcement services in the Shoshone National Forest for the period April 1, 2012 through March 31, 2013 for the Commissioners' approval. John Lumley moved to approve the Cooperative Law Enforcement Annual Operating Plan & Financial Plan between the Hot Springs County Sheriff's Department and the USDA Forest Service, Shoshone National Forest for FY 2012-2013 – Total Reimbursement Amount not to exceed $4,000.00. Mike Baker seconded the motion. Motion carried.
Lane 3 Project IRP Grant Draft Request #19 – Revised – Clerk Odde presented the revised IRP Grant Draft Request #19 for the Lane 3 project. This request, originally presented in February, has been revised to more accurately reflect IRP versus non-IRP expenditures to date. John Lumley moved to approve Revised Grant Draft Request #19 to WYDOT for the Lane 3, Phase 1 & 2, IRP #CN15020 in the amount of $6,221.11. Mike Baker seconded the motion. Motion carried.
Lane 3 SLIB Grant Draft Request #19 – Clerk Odde presented SLIB Grant Draft Request #19 for the Lane 3 project. John Lumley moved to approve Grant Draft Request #19 for SLIB Grant #MRG-11008HS in the amount of $556.05. Mike Baker seconded the motion. Motion carried.
Utility License Agreement – Wyoming Gas Company – In 1998, the County Commission approved a utility license application from Wyoming Gas for installation of a gas line along Cowboy Mine Road and East River Road (County Roads 21 & 23). The line was not constructed at that time. Now Wyoming Gas is ready to begin construction of the gas line and would like confirmation from the Commissioners that the utility license agreement is still valid. The original license was issued for a period of 25 years and as long thereafter as the utility line is in use. The County Attorney stated that he believed the license was still valid, but that, in view of the amount of time that had elapsed prior to beginning the project, it would be necessary for Wyoming Gas to conform to any new construction requirements imposed by the County

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since the granting of the license. Clerk Odde will ask Road & Bridge Supervisor Ray Shaffer to work with Wyoming Gas personnel to ensure their compliance with the current requirements.
Investment Grade Audit Contract – WYECIP Project – Trane, Inc. has presented a contract for the Investment Grade Audit portion of the proposed WYECIP energy project for the Commissioners' approval. County Attorney Williams is nearly finished reviewing the contract and has only a few minor corrections at this point. John Lumley moved to approve the Chairman's signature on the contract contingent upon approval by the County Attorney. Mike Baker seconded the motion. Discussion: Attorney Williams will contact Trane and/or WYECIP consultant John Canfield with any questions he may have during the review process. Motion carried.
Name Change – East Grass Creek Road – Regarding the southeast road connecting to Birdseye Pass Road in Fremont County currently known as Grass Creek Road – Commissioner Lumley reported that all the landowners are in agreement regarding the suitability of renaming the road East Grass Creek Road. John Lumley moved to change the name of the road connecting to Birdseye Pass currently known as Grass Creek Road to East Grass Creek Road. Mike Baker seconded the motion. Motion carried.

Correspondence
Homeland Security – New Federal Grant Award Agreement Process
Homeland Security – Grant Award Summary
WYDOT – Stop Sign Responsibility
WYDOT – STIP Meeting Notification
HSC Planner – Hensley Land Use Change Notification
Wyoming National Guard Child & Youth Program – Thank You
Fair Board Minutes
Library Board Minutes
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 Lumley moved to adjourn. Vice-Chairman Baker declared the meeting adjourned at 6:55 p.m.
  Attest:
_______________________________
Brad Basse, Chairman
 _______________________________
Hans Odde, Clerk to the Board
_______________________________
Mike Baker, Vice-Chairman
  


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