MINUTES OF COUNTY COMMISSIONERS MEETING October 18, 2011

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MINUTES OF COUNTY COMMISSIONERS MEETING
October 18, 2011


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    October 18, 2011
The Hot Springs Board of County Commissioners met in regular session on Tuesday, October 18, 2011 at 4:00 p.m. in the Commissioners Room at the Government Annex.

Present were Commissioners Brad Basse and Mike Baker. Also present were County Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant to the Commissioners Penny Herdt. Chairman John P. Lumley was absent. Vice-Chairman Brad Basse suspended Roberts Rules of Order so that business might be conducted in Chairman Lumley’s absence.

Vice-Chairman Basse led those present in the Pledge of Allegiance.

Approval of Agenda
Mike Baker moved to approve the agenda with the following additions and deletions:
DELETE: Other Business #4 – Consider PLTI Agreement
ADD: Correspondence #4.a. – Citizen Comments
DELETE: Executive Session - Personnel
Brad Basse seconded the motion. Discussion: As the citizen requesting to comment on the Pearce Gravel Pit issues is in attendance, Commissioner Basse suggested that he be allowed to speak immediately rather than waiting until 5:30. Maker of the motion concurred. Motion carried.

Pearce Gravel Pit Citizen Comments
Neighboring landowner Steve Boyer presented the Commissioners with a copy of the Notice of Violation issued by the WYDEQ with regard to the Pearce Gravel Pit. He then raised the following points: 1. There is water standing in the pit. McGarvin Moberly appears to be trying to cover the water with backfill. Mr. Boyer questions whether they are into his well water. 2. He is concerned that the proposed expansion of the gravel pit will adversely impact his property value if granted. 3. Per the DEQ’s report, McGarvin-Moberly is clearly in non-compliance with the gravel pit permit as well as the land use change requirements. Mr. Boyer expressed his strong concern that, if the Commissioners do nothing to enforce compliance with the permit requirements, there will be a trickle-down effect to all other gravel pits in the county regarding compliance. 4. Mr. Boyer asked if anyone knows what happened to the bones that were uncovered during the excavation of the pit. Commissioner Basse pointed out for clarity that the bones actually belong to the Pearces to do with what they wish, but stated that he agrees they should be re-interred. The Planner should be notified as to their location. Further investigation will be undertaken. 5. Where is all that gravel going? It seems that the originally discussed projects should be finished now. Mr. Basse stated that the Commissioners are doing everything they can to bring this project back into compliance and will continue to pursue the issue to full resolution.

Request For Proposals – Parking Lot Sidewalk
Maintenance Supervisor Chuck Carver presented the RFP for the sidewalk project for the Commissioners’ approval. After review and discussion, Mike Baker moved to approve the Request For Proposals for the Parking Lot Sidewalk Project. Brad Basse seconded the motion. Motion carried.

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Memorandum of Understanding – Use of Armory As Quarantine Site
Clerk Odde presented an MOU allowing the County Public Health Department to use the Armory as a Quarantine site in case of a natural or manmade disaster requiring such. This MOU, if approved will run through January 1, 2016. Mike Baker moved to approve the MOU between the HSC Public Health and the HSC Recreation District as presented. Brad Basse seconded the motion. Motion carried.

Tax Rebates and Supplementals
Deputy Assessor Judy Carswell presented the following tax rebates for the Commissioners’ approval:
Rebate #25-11 – Merit Energy Company - 2011 Parcel #680– Oil and Gas Production Equipment on the Santa Fe lease at Hamilton Dome. Well WY-Curtis 2-12 has been plugged and abandoned since 2001 but was inadvertently reported on their rendition resulting in over assessment of $2222. Taxes in the amount of $143.60 need to be rebated.
Rebate #26-11 – Richard Kiekow - 2011 Parcel #104– 279 acres in T8N-R3E, with improvements. Irrigable acreage was greater than Owl Creek Irrigation Assessment, requiring correction, and one building needed to be moved from this parcel to parcel 400. Taxes in the amount of $57.01 need to be rebated.
Rebate #27-11 – Richard Kiekow - 2011 Parcel #3959– 234 acres in T43N-R97W, with improvements. Irrigable acreage was greater than Owl Creek Irrigation Assessment, requiring correction, resulting in over assessment of $1755. Taxes in the amount of $113.42 need to be rebated.
Rebate #28-11 – Merit Energy Company – 2011 Parcel #602 – Oil and Gas Production Equipment on the Phosphoria Unit at Hamilton Dome. Wells 149-14, 35x-13 & 7-13 were plugged and abandoned prior to assessment date but were inadvertently reported on their rendition resulting in over assessment of $1014. Taxes in the amount of $65.53 need to be rebated.
Mike Baker moved to approve rebates 25-11 through 28-11 as presented. Brad Basse seconded the motion. Motion carried. The following supplemental tax notices have been processed through the Treasurer’s Office:
DANIELS, Delbert W. and Donna S. – Parcel #0156-11 – A combine had not been reported on the 2011 Personal Property listing, resulting in underassessment of $309, with supplemental taxes due in the amount of $19.97.
KIEKOW, Richard H. – Parcel #0400-11 – A building from Parcel #104 should have been assessed on this parcel, so it was moved and a farmstead added, as well as ag acreage corrected, resulting in underassessment of $796, with supplemental taxes due in the amount of $51.44.
K12 Management Inc. – Parcel #4891 – This personal property was reported late to our office so it had to be added as a supplemental for 2011, resulting in underassessment of $34, with supplemental taxes due in the amount of $2.20.


Land Transfers
Ms. Carswell reviewed the following land transfers: Bond/Ready is a land trade to effect an ag correction; GBCR Investments/CR Property Management is a family split; Fountain of Youth, LLC/Foote is a transfer from the LLC to Footes personally for tax reasons.

State Park Underpass Entrance Discussion
State Park Superintendent Kevin Skates appeared before the Commissioners to discuss his efforts to improve the entrance to the State Park. Mr. Skates has been talking to BNSF railroad

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representatives and WYDOT representatives regarding upgrading the appearance of the railroad overpass and the street crossing beneath it. Mr. Skates would like to have a letter from the Commissioners in support of his efforts. The Commissioners agreed that it would beneficial to improve the appearance of the overpass and the condition of the street. County Attorney Williams stated that the crossing poses safety concerns as well with design issues causing line- of-sight issues that could well result in liability to the railroad. The Commissioners expressed their gratitude to Mr. Skates for pursuing this matter. Mr. Skates will provide the Commissioners with an address for a letter of support at a later date.

Lane 3 Update – Engineering Associates representative Ian Sporkin-Morrison reported that a letter has been received from WYDOT District Engineer Shelby Carlson containing additional comments that WYDOT would like to see addressed prior to the commencement of construction on Phase III – Rural Section of the Lane 3 project. Mr. Morrison spoke with Ms. Carlson regarding these comments and she authorized Hot Springs County to commence construction on the rural section as this portion of the project is being completed by Hot Springs County Road & Bridge personnel as part of the County’s match for the grant and is not being let for bids or using IRP funds. Mr. Morrison will write a letter to Ms. Carlson confirming this information. The rural section of the project has been staked and dirt work is anticipated to start within the next week. The urban design plan has been submitted to WYDOT for review with some design changes to address WYDOT’s comments from the initial review. Mr. Morrison will check with Road & Bridge Supervisor Ray Shaffer to determine if any further temporary construction easements will be necessary in light of the design revisions. In response to questions from the Commissioners, Mr. Morrison indicated that any extension of the water and sewer lines past their current locations would not be eligible for IRP grant reimbursement. These extensions will be shown as bid alternates on the urban section bid plans. SLIB funds are eligible to use for those extensions, but there is a minimal amount of funding available from that source. Clerk Odde presented the CarJim temporary easement for the Commissioners’ approval. Mike Baker moved to approve the MOU between CarJim, LLC and Hot Springs County for a temporary easement for the Lane 3 construction project. Brad Basse seconded the motion. Motion carried.

Other Business
State Airport Grant Certificate of Grant-In-Aid – Clerk Odde presented the State Airport Grant Certificate of Grant-In-Aid for the Commissioners’ approval. This is the State’s portion of the FAA Grant signed at the last meeting, committing the State funding of 3% of the costs up to $104,404.00 for Construction of the new airport, Phase I, Design Phase II, Earthwork & Fencing. Mike Baker moved to approve the State Airport Grant Certificate of Grant-In-Aid for the new airport up to the amount of $104,404.00. Brad Basse seconded the motion. Motion carried.
STWSD Notice of Intent to Request of Release of Funds & Environmental Certification – Clerk Odde presented a letter containing the Notice of Intent to Request of Release of Funds for the Commissioners’ approval. This letter allows the Wyoming Business Council to begin to release funds to Hot Springs County in response to CDBG Draw Down Requests for South Thermopolis Water & Sewer District’s expansion project. Mike Baker moved to approve the letter containing the Notice of Intent to Request of Release of Funds for signature. Brad Basse seconded the motion. Motion carried. Later in the meeting, Engineering Associates representative Anthony Barnett informed the Commissioners that actually no letter was required – only publication of the Notice of Intent in the local newspaper, which has already occurred, and the Commissioners’ signature on the Environmental Certification form. Mike Baker moved to rescind the earlier motion to approve of the Notice of Intent to Request of Release of Funds. Brad Basse seconded the motion. Motion carried. Mike Baker moved to sign the Environmental Certification for submission to the Wyoming Business Council as requested by the South Thermopolis Water & Sewer District. Brad Basse seconded the motion. Motion carried.

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Owl Creek Water Project CDBG Agreement – Clerk Odde presented the Community Development Block Grant Agreement for the Owl Creek Water Project for the Commissioners’ approval. County Attorney Williams asked that the Commissioners be aware of a requirement in this particular agreement that the Commissioners personally inspect the project on an ongoing basis and certify that the funds are being expended as designated. Mike Baker moved to approve the CDBG Agreement between the Wyoming Business Council and Hot Springs County for the Owl Creek Water District Water Project in the amount of $500,000.00. Brad Basse seconded the motion. Motion carried. Owl Creek Water District representatives Don McCumber, Reese Jackman and Harry Hughes reported that all funding is now in place for the water project and thanked the Commissioners for their support of the project. Engineering for the project is underway. Easement acquisition is anticipated to involve a fair amount of time and effort. The dirt work bidding process is expected to occur late next spring.
Shoshone Forest Plan Comment Period Extension Request – The NRPC asked the Commissioners to consider requesting an extension to the announced comment period for the Shoshone Forest Plan Review. The Commissioners felt this might be a bit premature as the comment period is not expected to begin until December 9th, and reserved the right to take action at a later date as the draft Plan Review release date is firmed up.
Shoshone Forest Plan Memorandum of Understanding – No action was taken at this time. The Shoshone Cooperating Agencies Coalition is meeting this week via conference call to discuss revisions to the MOU. Clerk Odde will contact Forest Service representative Kristi VonKrosigk to communicate this information.
State Parks Department – Fairgrounds Lease – This item was brought forward from the last meeting, where insurance coverage concerns prevented approval of the lease. Clerk Odde has contacted the State Parks Department regarding these concerns, but has not received a corrected lease at this time. The corrected lease will be presented for approval when it is received.

Correspondence
Library Board Minutes
Fair Board Minutes
Koerwitz, Michel, Wright & Assoc. – 2011 Peer Review Report
HSC Planner – Pearce Gravel Pit – County Attorney Williams indicated that he has drafted a cease and desist letter regarding operations at the pit site, but is waiting for the Planner’s return to discuss the violation issues further and formulate a plan of action. In response to Commissioner Baker’s query regarding the next steps to be taken, Attorney Williams stated that any citizen wishing to address the issue should make a formal complaint to the County Planner and/or contact a Sheriff’s deputy in order to provide an official trail for their comments.
HSC Planner – GK Construction Land Use Change Approval
Airport Activity Report – September, 2011
The Commissioners reviewed the foregoing correspondence. No further action was required.

Snow Removal Equipment Liquidated Damages
GDA representative Dustin Spomer reported that there will be an estimated 28 day delay in the delivery of the new Snow Removal Equipment for the airport. The contract for delivery imposes $50/day in liquidated damages if the truck is not delivered by October 17, 2011. Mr. Spomer asked if the Commissioners wished to pursue damages at this time. The Commissioners decided to reserve a decision until it is known what, if any, costs will be incurred by the County due to the delay in the delivery of the equipment.

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Executive Session – Land Acquisition
Mike Baker moved to enter Executive Session at 5:55 p.m. to discuss land acquisition. Brad Basse seconded the motion. Motion carried. Those present for the Executive Session included Commissioners Basse and Baker, County Attorney Williams, Clerk Odde, Admin Herdt, and GDA representative Dustin Spomer. Attorneys Larry Jones and Colin Simpson joined the Executive Session via telephone. Mike Baker moved to leave Executive Session at 6:20 p.m. Brad Basse seconded the motion. Motion carried. No action was taken during the Executive Session.

Land Purchase Offer
Mike Baker moved to approve the letter drafted by Larry Jones as presented with an offer to purchase land from the Holdens for the new Hot Springs County Airport. Brad Basse seconded the motion. Discussion: the letter should be signed by all three Commissioners and will be dated October 19, 2011. Motion carried.

Executive Session – Litigation
Mike Baker moved to enter Executive Session at 6:25 p.m. for reasons of litigation. Brad Basse seconded the motion. Motion carried. Those present for the Executive Session included Commissioners Basse and Baker, County Attorney Williams, Clerk Odde, and Admin Herdt. Attorney Larry Jones joined the Executive Session via telephone. Mike Baker moved to leave Executive Session at 7:00 p.m. Brad Basse seconded the motion. Motion carried. No action was taken during or as a result of the Executive Session.

Adjournment
There being no further business to come before the Board of County Commissioners at this time, Mike Baker moved to adjourn. Vice-Chairman Basse declared the meeting adjourned at 7:00 p.m.
Attest:


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


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