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July 3, 2012

    July 3, 2012
The Hot Springs County Board of Commissioners met in regular session on Tuesday, July 3, 2012 at 9:00 a.m. in the Commissioners Room at the Government Annex.

Present were Commissioners Brad Basse, 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 led those present in the Pledge of Allegiance.

Approval of Agenda
John Lumley made a motion to approve the agenda with the following changes:
DELETE:Road & Bridgea. Harry Hughes – Road Base w/Plasticity Index
ADD:CorrespondenceItems 3 & 4 – Boysen Flushing Flow Information
Mike Baker seconded the motion. Motion carried.

Approval of Minutes
John Lumley made a motion to approve the minutes of the regular meetings on June 5, 2012 and June 19, 2012 as presented. Mike Baker seconded. Motion carried.

Road and Bridge Monthly Report
Pit Report – The annual DEQ-BLM pit inspection took place on June 21st . There were no major problems noted and the final report is expected to be issued by the end of July. Work continues on the Wagonhound expansion permit – there will be several requirements regarding the sage grouse lek and an endangered species plant located within the enlargement area, but Road & Bridge Supervisor Ray Shaffer expects the permit to be approved by the end of next week. The last of the cold mix from last year will be laid by the end of the month, probably out on Missouri Flat. The department is ready to begin the Owl Creek chipping project. Budget cuts for 2012-2013 have left the project about $25,000 short. As this leaves the project only one and a half miles short of completion, Mr. Shaffer will make every effort to find enough funding from other sources to complete the project. Discussion ensued regarding possible funding sources, with the Commissioners' consensus being that it was acceptable to use CRF money for this type of project. There are still approximately 200 tons of chips available from the DeVries pit that have been paid for already.
Update – Installation of the new, wider cattle guard on the Dockery property has been completed. The brush spraying is finished – now working on chemical removal of goatheads and other noxious weeds. Mr. Shaffer warned the Commissioners that it was going to be difficult to maintain the gravel county roads in peak condition this summer due to a lack of manpower required to water and blade all the roads that need it. The Governor has now signed the protocol and agreement with WYDOT for setting speed limits on all paved and gravel roads in the state. Training and engineering for setting speed limits on county roads is being provided by the state. Mr. Shaffer reported that he has scheduled his staff for this training in early October.
Black Mountain Road – Mr. Shaffer brought up the question of whether to try to repave Black Mountain Road or take it back to gravel. Something must be done soon as the pavement is in very poor shape in several areas along the road. Pavement is extremely expensive initially, but taking the road back to gravel will require ongoing expense for upkeep much greater than the upkeep for pavement. After extensive discussion regarding costs and available funds, it was decided that Mr. Shaffer would continue to look at various state programs to see what the project might be eligible for. Chairman Basse also suggested having a public meeting with the primary users of Black Mountain Road to discuss what might be most acceptable to them in terms of road surface. Mr. Shaffer and the other Commissioners agreed that this would be a good idea. No meeting dates were set at this time.

Public Hearing – Wind River Canyon Grill Liquor License Application
Chairman Basse declared the public hearing on the Wind River Canyon Grill Liquor License application open at 9:45 a.m. Clerk Odde reviewed the application. Originally the application was for a Bar & Grill license; however, Hot Springs County does not qualify for any Bar & Grill licenses from the State Liquor


Division, so the application was changed to one for a restaurant liquor license. All the paperwork is complete at the state level. Darren Calhoun, one of the partners in the Super Toadies, LLC dba Wind River Canyon Grill entity applying for the license, was present to answer any questions the Commissioners might have. Mr. Calhoun stated that the Grill does not yet have their food permit, which will be necessary before they can open for operation. In response to the Commissioners' concerns regarding awarding a liquor license to a business operating in the canyon, Mr. Calhoun stressed that their establishment aims to be a restaurant that serves alcohol, not a bar that serves food. Chairman Basse pointed out that, due to state requirements, the license will be up for renewal in a short period of time, allowing for further scrutiny after the business is in operation. After three calls for public comment, hearing none, Chairman Basse declared the public hearing closed at 9:56 a.m. John Lumley moved to approve the application for a Restaurant Liquor License by Super Toadies, LLC dba Wind River Canyon Grill for the period of July 3, 2012 – October 6, 2012, with a fee of $415.00. Mike Baker seconded the motion. Motion carried.

Maintenance Monthly Report
Maintenance Foreman Chuck Carver reported that the pothole in the Annex drive has been repaired and seems to be holding up well. Mr. Carver recently attended a locksmith school dealing with keys and master keys on the county's lock system and felt that it was very beneficial. Regarding the WYECIP project, Trane, Inc. will be up next week to start the Investment Grade Audit. The audit will take approximately two months. The damaged window in the Jail is being repaired – it will likely cost about $1700.00 and will take six to nine weeks for the new window to arrive. The Museum air conditioning unit has been repaired and is working well. Elevator repairs are underway and will be completed on the repair tech's next visit. Mr. Carver indicated that there is still no phone to the Circuit Judge's bench. The network drop is there, but has not yet been finalized. Mr. Carver asked the Commissioners to authorize the acquisition of a couple of backup phones of each type so that there will be replacements available in the event one malfunctions. He will return with pricing at the next meeting and the Commissioners will consider it at that time.

Planner Monthly Report
Planner Bo Bowman reported that the NRPC is meeting every month and is a good, cohesive group at this time. He is reviewing the County's development application and associated policies and working on bringing them up to date. Regarding the Red Lane issues – Planner Bowman has been contacted by some of the residents in Red Lane to observe and discuss their concerns. He has confirmed that the County has no right of way issues in the current civil quiet title action and will continue to track the progress of that action make sure no right of way issues crop up. Mr. Bowman had some questions about the status of the water system on Red Lane. County Attorney Williams gave him some background on the Red Lane Water District and directed him to a member of the district for further information.

Youth Alternatives Monthly Report
Director Alan Rossler reported that he currently has 19 participants on diversion and 2 on supervised probation. The governor has decided to revamp his Juvenile Justice task force, with more emphasis on diversion going forward. There will be a training in Lander on August 2nd on maintaining computerized Juvenile Detention rosters. This is not very applicable as Hot Springs County does not use jail detention for their juvenile offenders, but training in this area is a grant requirement, so he will be there. Mr. Rossler presented the quarterly draw down request for the 2009 Sub-Grant. John P. Lumley moved to approve the Drawdown Request for the VOA/OJJDP "Non-Participating State" Grant CFDA #16.540 in the amount of $3,207.71 for the time period of 04/01/12 – 06/30/12. Mike Baker seconded the motion. Motion carried.

Emergency Management Monthly Report
This item was tabled to the July 17th meeting as Emergency Management Coordinator Bill Gordon was unable to attend this meeting.

Lane 3 Update
Engineering Associates representative Anthony Barnett reported that he met with RT Communications this morning regarding relocation of the utilities for the Lane 3 project. Wyoming Gas and RT Communications would like to bore some new conduits underneath Lane 3, which would allow them to not disturb anything after Lane 3 is built. This would be a major change for the gas line, getting it out from


under the sidewalk. Mr. Barnett asked for permission to proceed with the utility work ahead of formal utility licensing agreements on the condition that Engineering Associates provides a record drawing documenting the location of the utilities on their as-built final drawings. The Commissioners agreed that would be acceptable in this case. Regarding the relocation of the power pole – Rocky Mountain Power was waiting on receipt of a "Pole Conflict Resolution Request". Clerk Odde reported that this has now been provided, but as of today there has been no response from RMP. Mr. Barnett expressed some frustration over a lack of work schedule from Dave's Asphalt at this point. The Commissioners asked that Engineering Associates communicate to Dave's Asphalt their expectation that work would start and be completed per the contract dates.

BHB Nature & Discovery Center Special Purpose Tax Proposal
Toddi Darlington and Sue Blakey appeared before the Commissioners to request a resolution placing a two-cent specific purpose tax on the general election ballot in November. The tax would be dedicated to the Big Horn Basin Nature & Discovery Center for design and construction. Based on sales tax collection records, the BHBNDC Joint Powers Board estimates this would raise approximately $1,200,000.00 per year. The Commissioners questioned the timeliness of this issue. Darlington and Blakey stated two reasons for bringing the issue forward now – first, they recognize that it often takes several attempts to pass a specific tax such as this, and second, as they apply for other funding, those sources want to see local support for the project such as this kind of tax. The last date to place this issue on the ballot is August 27th. After extensive discussion, the Commissioners took the resolution under consideration and will revisit the issue at their July 17th meeting.

BLM Reasonably Foreseeable Oil & Gas Production Projection Discussion
Lee Campbell appeared before the Commissioners to discuss the BLM's Reasonably Foreseeable Oil & Gas Production projections. Those projections have been steadily declining and Mr. Campbell feels that the various local entities seeking funds from the county need to be made aware of how dismal the projected production numbers are. The Commissioners explained to Mr. Campbell the ongoing efforts by the Big Horn Basin counties and the Commissioners, specifically, to explore ways to increase mineral production in the area and thanked Mr. Campbell for his input.

Airport Update
WYDOT Memorandum of Agreement – GDA representative Dustin Spomer presented a draft letter to WYDOT requesting a Memorandum of Agreement regarding the construction of a turnaround and relocation of the existing road closed gate and signs along Highway 120 near the new airport site. Mike Baker moved to approve the Chairman's signature on the letter to Shelby Carlson, District 5 Engineer- WYDOT, requesting a Memorandum of Agreement for the turnaround and road closure gate and signs. John Lumley seconded the motion. Motion carried.
Supplemental Environmental Assessment Update – Mr. Spomer reported that the SEA is nearly complete. There are no new significant findings by any of the state agencies involved, so verbal approval is expected within the next week and the information will be forwarded to the FAA for their use in issuing the supplemental Finding of No Significant Impact.
Relocation Update – There has been no further progress in the negotiations with Mr. Joe Holden. Mr. Holden has now proposed using a Disinterested Third Party to aid in relocation negotiations. Mr. Spomer is checking with the FAA to determine if this would be an allowable expense under the Airport Improvement Project. He would like to draft a letter to Hans Anker with the FAA agreeing to the use of Michelle Colby as a Disinterested Third Party negotiator, as requested by Joe Holden, provided the expenditure is approved by the FAA and the fees are deemed reasonable. John Lumley moved to approve the Chairman's signature on this letter, subject to review by all the Commissioners via email prior to signature. Mike Baker seconded the motion. Motion carried.
CIP – Mr. Spomer will provide the current figures for the Capital Improvement Plan for the Commissioners' review prior to the next meeting. At the meeting on July 17th , Mr. Spomer would like final approval of the CIP for submission to the state by the first of August.
Contractor Notice Advertisement – Mr. Spomer presented the proposed Contractor/Supplier Notification for the new airport for the Commissioners' approval. The Commissioners asked that the county name and logo be added to the advertisement and approved it for publication.
Design Update – There will be a workshop with the FAA and WYDOT next week to work on what types of buildings the FAA will fund, the AGIS requirement (When to start, how to perform the survey), and what


the next steps in the airport project will look like. Mr. Spomer reported that the airport pavement design has been approved.
Asbestos Update – The asbestos survey has been completed. Asbestos was found in the house and in the shed. The asbestos in the shed must be abated, but the asbestos in the house will not require abatement if the house is dismantled instead of being burned.

Request for Special Prosecutor
County Attorney Jerry Williams asked that the Commissioners appoint a special prosecutor for Case #CR-2012-0022 due to his involvement as a witness in the case. Mike Baker moved approval of Resolution #2012-06 – Appointment of Marcy Argeris as a special prosecutor for case #CR-2012-0022. John Lumley seconded the motion. Motion carried.

Other Business
Commissioners' Scholarship Renewal – The Commissioners reviewed the two applications received for their renewal scholarship. Clerk Odde left the meeting during this item, as his son was one of the applicants. After some discussion, ballots were cast. Staff reported that Reid Odde was the unanimous choice. Mike Baker moved to award the Commissioners Scholarship Renewal to Reid Odde. John Lumley seconded the motion. Motion carried.
Utility License Agreement – Gas Ventures, LLC – The Commissioners reviewed a utility license agreement application from Gas Ventures, LLC for the installation of a flow line along County Road #6. R&B Supervisor Ray Shaffer has reviewed the application and has no objections to the work. All fees have been received for the license by the Clerk's Office. John Lumley moved to approve the utility license agreement between Hot Springs County and Gas Ventures, LLC for work along County Road 6. Mike Baker seconded the motion. Motion carried.
UW Extension Educators MOU – Clerk Odde presented the Memorandum of Understanding outlining the cooperative agreement between Hot Springs County and the UW Extension Service covering the services of the UW Extension Educators for the Commissioners' review and approval. John Lumley moved to approve the chairman's signature on the MOU between the University of Wyoming and Hot Springs County regarding the UW Extension Educators which runs from July 1, 2012 through June 30, 2013. Mike Baker seconded the motion. Motion carried.

HSC Planner – McClintock Variance Approval Notification
Bureau of Reclamation – Boysen Flushing Flow Notification
Bureau of Reclamation – Cancellation of Boysen Flushing Flow Notification

The Commissioners reviewed the foregoing correspondence items. No further action was taken on any of the items at this time.

There being no further business to come before the Board at this time, Chairman Basse declared the meeting adjourned at 2:20 p.m.
Brad Basse, Chairman
Hans Odde, Clerk to the Board

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