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MINUTES OF COUNTY COMMISSIONERS MEETING
August 2, 2011


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    August 2, 2011
The Hot Springs County Board of Commissioners met in regular session on Tuesday, August 2, 2011 at 9:00 a.m. in the Commissioners Room at the Government Annex

Present were Commissioners John P. Lumley, Brad Basse and Mike Baker. Also present were County Clerk Hans Odde, and Administrative Assistant to the Commissioners Penny Herdt. County Attorney Jerry Williams joined the meeting later in the morning. Chairman John P. Lumley led those present in the Pledge of Allegiance.

Approval of Agenda
Mike Baker made a motion to approve the agenda with the following changes:
ADD:Other Business4. Wilderness "Crown Jewel" Response Discussion
Brad Basse seconded the motion. Discussion: Chairman Lumley indicated that Bill Gordon and Bo Bowman would not be available, so the Emergency Management Report and the Planner Report should be deleted. Motion carried.

Approval of Minutes
Brad Basse made a motion to approve the minutes of the July 5th and 19th regular meetings and July 15th and 18th special meetings as presented. Mike Baker seconded the motion. Motion carried.

Approve Bills
The following bills were submitted for approval: (see attached). Payroll for June, 2011 - $160,793.77

Maintenance Monthly Report
Maintenance Supervisor Chuck Carver reported that he has tentatively filled his new full-time position and would release the name of his new employee shortly. The new mower should arrive by August 15th . Mr. Carver has begun to gather information on the parking lot sidewalk project. The annual inspections and service work on all the air conditioning units have been completed. Citizen Dick Hall was present to check on the progress of mounting the Hot Springs County Hall of Fame recognition plaques. Mr. Carver has determined an appropriate location in the courthouse for the plaques, and he will mount them shortly.

Road and Bridge Monthly Report
Road & Bridge Superintendent Ray Shaffer reported that the DEQ/BLM combined inspection of the county gravel pits took place on July 20th and the report has been received. The report stated that overall the Hot Springs County gravel pit operations were in good shape with no major compliance issues. The Baird pit on Sand Draw will be released by the DEQ once the existing weeds have been sprayed and the spraying is documented. A few minor signage issues were documented and are being addressed. Chairman Lumley asked about MSHAW training. Mr. Shaffer is planning to get that done this winter Mr. Shaffer discussed the on-going improvements to Grass Creek Road. Cold mix is being hauled from the Wagonhound pit for the overlay project, which should be done by the end of next week. It is hoped there will be enough mix left to do some grader patching on county roads. Mr. Shaffer plans to start the chipping project the last week of August depending on the availability of asphalt material. The county fuel system replacement is underway and should be finished before school starts. Mr. Shaffer reported that Bart Evans with L-TAP/UW has indicated that the East River Road guard rail replacement project will qualify for the Federal High-Risk Rural Road Program, which would make grant funds with a 90-10 match available for the project.
Mr. Shaffer has written a letter to WYDOT Engineer Shelby Carlson requesting financial assistance for the bridge repair project coming up this fall. Chairman Lumley indicated that he had spoken to Ms. Carlson and is hopeful that the funding will be approved. Ms. Carlson also indicated that she would put Hot Springs County on the list of counties with spring flooding road and bridge damage so that the county would be eligible for repair funding in impacted areas. Work on the WYO-Link tower site is ongoing. The line has been trenched in and the power pole will be set shortly.

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Mr. Shaffer asked about the process for purchasing a new end dump for a new snowplow this year. After considerable discussion regarding ways to finance the plow truck, the Commissioners suggested that Mr. Shaffer draw up some specifications that could be used to seek bids for a new truck/plow.
Mr. Shaffer asked how the Commissioners wished to proceed with the Rural Addressing issue. After extensive discussion it was decided to put this issue on the agenda for a future meeting to give the public a chance to participate in the discussion further before a final decision was made. No date was set for this discussion at this time.

Youth Alternatives Monthly Report
Director Alan Rossler reported that he has received notification that the OJJDP/VOA grant award for this cycle will be $15,616.00 — a slight decrease from the last award. There are eight active participants in the Youth Alternatives program at this point. Two participants successfully completed the program last month. There were 44.5 total Community Service hours performed, no 48-Hour holds and no detentions during the month of July.

Planner Monthly Report
Planner Bo Bowman reported on the public comment workshop being sponsored by the NRPC to assist local citizens with commenting on the Bighorn Basin Resource Management Plan Draft Document. The workshop will be held at the Episcopal Church on August 11 at 6:00 p.m. A county-wide postcard mailing will be done to encourage people to attend, as well as print advertising. Mr. Bowman asked about the availability of comments drafted by ERG for the four Bighorn Basin counties. Chairman Lumley responded that it was possible that an Executive Summary of those comments might be made available for use at the NRPC workshop.
Mr. Bowman reviewed two land transfers that recently occurred within the county as they related to subdivision requirements. The Roden — Town of Thermopolis transfer was exempted from subdivision requirements as it involved a political subdivision of the state (town and/or county). The Blanton Dennis/George Basse transfer involved two parcels larger than 35 acres each and so did not come under the subdivision regulations.

Consider County-Wide Mill Levies
Assessor Shelley Deromedi presented the 2011 Report of Valuation, Levies & Taxes for the Commissioners’ consideration. The only change from last year was that the Cemetery District mill levy went down from 2.405 to 2.377. Three special districts — Red Lane Water & Sewer, Owl Creek Rural Water and Cottonwood Grass Creek Watershed Improvement — did not ask for any mill levy or special assessment this year. Total assessed valuation for 2011 is $223,190,330 and total mills levied were 64.627 for a total assessment of $14,586,629. Brad Basse moved to approve all 2011 Hot Springs County Mill Levies and Special Assessments as presented by the County Assessor. Mike Baker seconded the motion. Motion carried.

Lane 3 Update
Engineering Associates representative Heath Overfield presented EA’s response to the WYDOT Preliminary Review issues for the Commissioners’ perusal. There are two main issues that need to be addressed yet. First is the relocation of the "Road Closed" sign. Mr. Overfield will meet with WYDOT representatives on-site to determine the best site for relocation of the sign. The second issue involves disposal of waste material from the upper section of the project. Normally this is specified as a contractor responsibility when the project is bid, but since the County is doing this part of the project through the Road & Bridge department, the County will be responsible for obtaining the necessary permits. Mr. Overfield will provide the Commissioners with the requirements for the permits. Regarding right-of-way easement issues, no response has been received from Spirit Master or CarJim at this time. In response to questioning by the Commissioners, Mr. Overfield indicated that it appears likely that the construction window for this year will be missed due to delays in obtaining the easements. Landowner Tom Ryan asked who will be responsible for maintaining the road going forward until the easement questions have been resolved. The Commissioners agreed to ask the Road & Bridge department to maintain the road as needed until the easement issues are resolved and Lane 3 can be formally declared a county road.

Wyo-Ben Project Update

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Wyo-Ben representatives Rick Magstadt and Dale Nuttall appeared before the Commissioners to discuss their Meeteetse Draw mining application. The plant is doing well and the market is fairly well established. However, use of the Meeteetse Draw area is currently off-limits to mining and hauling due to some culturally sensitive areas containing rock art. The BLM refuses to issue a mining permit for the area until a Class 3 Cultural Report detailing preservation of these areas and mitigation of impacts has been completed and accepted by the BLM. Wyo-Ben is asking that the County participate under the Section 106 process as an interested party in this matter. The Commissioners agreed that the County had a strong interest in having input into mining permit applications within the county. Brad Basse moved to draft a letter to Karla Bird with the BLM asking for cooperating agency status for the Meeteetse Draw application by Wyo-Ben under the Section 106 process and under all other scoping processes. Mike Baker seconded the motion. Motion carried.

Airport Update
Airport Relocation Project WYDOT - Aeronautics Division Request for Reimbursement #10 — Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #10 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11A-2757 RFR #10 in the amount of $204.00. Brad Basse seconded the motion. Motion carried.
Airport Relocation Project FAA Request for Reimbursement #10 — Clerk Odde presented FAA Request for Reimbursement #10 for the Commissioners’ approval. Mike Baker moved to approve FAA Project 3- 56-0032-03 RFR #10 in the amount of $6,453.00. Brad Basse seconded the motion. Motion carried.
Progress Update — The geotech work at the proposed site has been completed, with the final report expected shortly.
Executive Session — Land Acquisition — Brad Basse moved to enter Executive Session for reasons of land acquisition at 1:10 p.m. Mike Baker seconded the motion. Motion carried. Brad Basse moved to leave Executive Session at 2:10 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during or as a result of Executive Session.
Consider Quarberg Appraisal Service Contract Amendment — In the absence of Mr. Quarberg, the Chairman tabled this item to the August 16th Commissioners meeting.

Other Business
Lane 3 Amended IRP Grant Draft Request #12 — Clerk Odde presented Amended IRP Grant Draft Request #12 for the Lane 3 project. According to WYDOT representatives, since the Ryan Brothers property purchase occurred prior to the Project Agreement Amendment to include Phase 3 being signed by the Commissioners, only the cost of that part of the property included in Phase 2 is eligible for reimbursement. As only 19% of the purchased property was included in Phase 2 of the project, only 19% of the cost is reimbursable through the IRP grant. Brad Basse moved to approve Amended IRP Grant Draft Request #12 for Lane 3, Phase 1 & 2, Project #IRP- CN15020 project in the amount of $5,523.84. Mike Baker seconded the motion. Motion carried.
Lane 3 IRP Grant Draft Request #13 — Clerk Odde presented IRP Grant Draft Request #13 for the Lane 3 project. Brad Basse moved to approve Amended IRP Grant Draft Request #12 for Lane 3, Phase 1 & 2, Project #IRP- CN15020 project in the amount of $2,137.12. Mike Baker seconded the motion. Motion carried.
Lane 3 SLIB Grant Draft Request #11 — Clerk Odde presented SLIB Grant Draft Request #11 for the Lane 3 project. Mike Baker moved to approve Draft Request #11 for SLIB Grant #MRG-11008HS in the amount of $1,624.21. Brad Basse seconded the motion. Motion carried.
Allegiance Service Agreement — Clerk Odde presented the agreement between Hot Springs County and Allegiance Benefit Plan Management, Inc. for third party insurance administration services for the Commissioners’ consideration. The county’s insurance consultant, Brad Johnson, has reviewed the agreement. Brad Basse moved to approve the agreement subject to review and approval by the Count Attorney. Mike Baker seconded the motion for purposes of discussion. Discussion: County Attorney Williams indicated that he had several concerns with the agreement that he would like to discuss with Mr. Johnson prior to advising the Commissioners as to its suitability, including the subrogation clause, the binding arbitration clause and the references to following Montana law. Mr. Johnson was not available for discussion at this time as he was in another meeting. Chairman Lumley called for a vote. Basse and Baker voted nay. Motion failed. This item will be scheduled for the August 16th Commissioners meeting.
Wilderness "Crown Jewel" Response Discussion — Donald Simpson, BLM State Director, has sent out a letter requesting input by the County Commissioners on Interior Secretary Salazar’s desire to

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recommend land considered to be "crown jewel" areas of public lands that have strong local support for permanent protection by Congress as Wilderness under the Wilderness Act. The Commissioners agreed that there is already land being managed as "de-facto" wilderness by the BLM that is not actually wilderness and no more land needs to be designated as wilderness. Chairman Lumley reported that ERG, the county’s consultant in the BLM Bighorn Basin Resource Management Plan Revision process has offered to draft a letter summarizing the position of the four counties of the Bighorn Basin opposing designation of any more lands as wilderness. Brad Basse moved to join the other three Bighorn Basin counties in drafting a response to Secretary Salazar’s request for comment about wilderness designation within the Basin. Mike Baker seconded the motion. Motion carried.

Correspondence
Thermopolis-HSC EDC — Thank You
Hospital Board Minutes
South Thermopolis Water & Sewer District — Water Project Update
NOWCAP — Pre-Application Information for Housing Preservation Program
Office of Homeland Security — Spring Runoff
The Commissioners reviewed the foregoing items. No further action was required or taken at this time.

Adjournment
There being no further business to come before the Board at this time, Brad W. Basse moved to adjourn. Chairman Lumley declared the meeting adjourned at 2:42 p.m.
Attest:


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




BILLS – JULY, 2011
MATTHEW BENDER & CO.,INC. 387.04 / WORLAND CLEANERS & SUPPLY 27.75
NORTHERN WYOMING DAILY NEWS 132.00 / STATE OF WYOMING 1,674.85
SAFEGUARD BUSINESS SYSTEMS 454.35 / DEPARTMENT OF HEALTH 14,385.67
D & D MACHINE, INC. 24.25 / TERRY TITMUS 250.00 / ST. VINCENT HEALTHCARE 532.89
AFLAC (ACCOUNT #HW652) 817.33 / STATE OF WYOMING - A&I 62.06
ALLEGIANCE BENEFIT PLAN MANGT, INC. 19,052.24 / AMCOM 7,723.00
ANITA WEISBECK 391.01 / ATLAS OFFICE PRODUCTS, INC. 347.30 / BARTON STAM 47.10
BIG HORN WATER 101.75 / BIG HORN ENERGY 3,397.20 / BLAIR'S SUPER MARKET 717.64
BROKERS NATIONAL LIFE 498.60 / BRUCE N. "BO" BOWMAN 22.12
BUFFALO POLICE DEPARTMENT 400.00 / BW OF SHERIDAN CENTER 372.00
BEST WESTERN SUNSET MOTOR INN 117.00 / CANYON SPORTING GOODS 40.65
RED ROCK FAMILY PRACTICE 343.00 / THERMOPOLIS HARDWARE 495.22
COLONIAL SUPPLEMENTAL INS. 148.60 / VERIZON WIRELESS 53.37
VERIZON WIRELESS 39.33 / VERIZON WIRELESS 56.99 / VERIZON WIRELESS 405.80
VERIZON WIRELESS 60.27 / CINDY MAGELKY 31.11 / CROWLEY AIR SERVICE, LLC 4,723.67
DANIEL S. WEBBER 175.38 / DEBRA A. GERHARTER 15.77 / DON'S IGA 177.11
EATON SALES & SERVICE INC. 629.00 / ENGINEERING ASSOCIATES 4,274.23
FASTENAL COMPANY 172.21 / FIVE COUNTY JOINT POWERS BOARD 18,560.00
FINISHING TOUCHES 10.13 / FLEETPRIDE 172.32
PINNACLE BANK OF THERMOPOLIS 37,156.11 / FOOD SERVICES OF AMERICA 2,328.68
FRANDSON SAFETY INC. 132.00 / GDA ENGINEERS 6,792.90 / GLOBALSTAR USA 633.22
GOTTSCHE THERAPY REHAB WELLNESS 290.00 / HANS ODDE 44.98
HOLLAND & HART LLP 10,000.00 / HONNEN EQUIPMENT CO. 133.10
HORIBA JOBIN YVON, INC 393.53 / HOT SPRINGS COUNTY MEMORIAL 25,000.00
BHB NATURE & DISCOVERY CENTER JPB 500.00
HOT SPRINGS COUNTY HEALTH INS ACCT 59,400.96
HOT SPRINGS CO. SCHOOL DIST #1 8,817.07 / INDEPENDENT RECORD 3,115.12


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INDOFF INC. 718.48 / INTERSTATE ALL BATTERY 55.80 / JENNIFER CHENEY 252.77
JOHN P. LUMLEY 381.48 / JULIA'S RENTAL SALES & SERVICE INC. 543.00
KENNETH PERRY 367.74 / LEXIS NEXIS 92.00 / MARY A. GORDON 93.24
MBA OF WYOMING 5,986.49 / MEADOW GOLD DAIRY 423.11
HOT SPRINGS CO. MEM. HOSPITAL 421.73 / HOT SPRINGS COUNSELING SERVICE 100.00
MERCK & CO., INC. 491.52 / MESSENGER & JUROVICH, P.C. 767.25
NATIONAL 4-H COUNCIL-SUPPLY SERVICE 182.89 / NIELSEN OIL CO., INC. 234.88
NORMONT EQUIPMENT CO. 147.72 / O'DELL CONSTRUCTION 40,000.00
ONE STOP REPAIR & 238.15 / O'REILLY AUTO PARTS 2.20 / O'REILLY AUTO PARTS 71.46
THE OFFICE SHOP, INC 86.75 / OWL CREEK GRAPHICS 225.60
ROCKY MOUNTAIN POWER 4,740.47 / PAMIDA 133.85 / PERFORMANCE AUTO & GLASS 99.90
PERFORMANCE AUTO & GLASS 565.70 / PINNACLE BANK OF THERMOPOLIS 8,755.00
PINNACLE BANK OF THERMOPOLIS 1,755.00 / POSTMASTER 222.60
POWER EQUIPMENT 3,000.00 / PRINT ZONE 38.25 / QWEST 650.52 / QWEST 7.86
GORRELL & HOPKINSON, P.C. 120.00 / RT COMMUNICATIONS, INC. 2,379.02
SANDRA L BAKER 40.00 / SHELLEY DEROMEDI 190.67 / SHOSHONE OFFICE SUPPLY 1,279.23
SNOW CREST CHEMICALS 1,293.00 / SPECIALTY MARINE & RV REPAIR INC. 235.74
THE STANDARD INS. CO. 1,338.93 / STEHLIN PLUMBING & CONTRACTING 664.00
TEEPEE POOLS 318.00 / THERMOPOLIS HARDWARE 100.59
THOMAS L. BENNETT, M.D. 1,720.00 / TOWN OF THERMOPOLIS 1,608.73
TRAVELING COMPUTERS, INC. 199.98 / TRI COUNTY TELEPHONE ASSOC,INC 334.29
TRIPLE R WELDING,INC 13,812.93 / VERIZON WIRELESS 34.29 / VERIZON WIRELESS 34.31
VICKLUND PHARMACY 322.07 / VICKLUND CAR CLINIC, INC. 74.84
VICKI M. NICHOLS 49.00 / VISA - CARD ONE 134.99 / VISA - CARD TWO 380.30
VISA - CARD THREE 529.15 / VISA - CARD FIVE 638.43 / VISA - CARD SIX 21.51
VISA (CARD EIGHT) 5.00 / VISA 180.22 / VISA 1,242.20 / VISA 220.71 / VISA 246.21
W.A.R.M. PROPERTY INS. POOL 19,791.32 / WCS TELECOM 312.28
WESTERN STATES FIRE PROTECTION CO. 165.00
WIRELESS ADVANCED COMMUNICATIONS 1,250.25 / EMPLOYMENT TAX DIVISION 2,385.82
WYOMING.COM 76.25 / WYOMING DIVISION OF 173.00 / ORCHARD TRUST COMPANY 5,019.26
WYOMING DEPARTMENT OF EMPLOYMENT 4,995.28 / WYOMING GAS 677.98
WYONET INC. 113.95 / WYO RETIREMENT SYSTEM 22,185.62
036-NCPERS GROUP LIFE INS. 256.00 / WYSSMANN PSYCHOLOGICAL & COUNSELING 350.00
WY-TEST 178.00 / WYOMING DIVISION OF VICTIM SERVICES 129.00
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