MINUTES OF COUNTY COMMISSIONERS MEETING December 20, 2011

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MINUTES OF COUNTY COMMISSIONERS MEETING
December 20, 2011


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    December 20, 2011
The Hot Springs Board of County Commissioners met in regular session on Tuesday, December 20, 2011 at 4:00 p.m. in the Commissioners Room at the Government Annex.

Present were Commissioners John Lumley, 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 Lumley led those present in the Pledge of Allegiance.

Approval of Agenda
Mike Baker moved to approve the agenda with the following addition:
ADD:Executive SessionLand Acquisition
Brad Basse seconded the motion. Motion carried.

Trane Energy Efficiency Audit Presentation
Kim Ketchem with Trane, Inc. appeared before the Commissioners to present information on energy performance contracting through her company and the WYECIP program. Trane, Inc. is a certified Energy Service Company (ESCO) for the state’s WYECIP program and offers services similar to those offered by Ennovate at the November 1st Commissioners’ meeting. Ms. Ketchem indicated that she has verified the availability of equipment rebates from Rocky Mountain Power and has asked the people with the WYECIP program to begin investigation into available grant funding specifically for Hot Springs County in the event that Trane’s feasibility audit supports a full-blown energy efficiency project for the county. Mike Baker moved to authorize the chairman to sign a letter to proceed with Trane, Inc. for a preliminary energy audit of the county’s facilities pending review and approval of said letter by the County Attorney. Brad Basse seconded the motion. Motion carried.

Coroner’s Mileage Charges Review
This item was postponed to the January 3, 2012 meeting as the Coroner was out of town and unable to attend today’s meeting.

Nakamura Trust Road Application Hearing Discussion
Clerk Odde noted that the County must hold a public hearing on the Nakamura Trust Private Road application prior to April 12, 2012. A discussion ensued regarding the advisability of hiring a hearing officer to coordinate and conduct the hearing. The County Attorney noted that state statute allows the Commissioners to require a bond be posted by the applicant to cover the costs of the public hearing. Mike Baker moved to ask for a bond or other surety in the amount of $5,000.00 from the Nakamura Trust prior to the public hearing with the understanding that any expenses incurred by the county in connection with the hearing above that amount will also be covered by the applicant. Brad Basse seconded the motion. Motion carried. Mike Baker moved to approve the hiring of a hearing officer to coordinate and conduct the Nakamura Trust Private Road application hearing. Brad Basse seconded the motion. Discussion: the County Attorney will be delegated to select and engage the services of the hearing officer. Motion carried. Chairman Lumley asked that this matter be taken care of prior to the January 3, 2012 Commissioner meeting.

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County Centennial Celebration Planning
Chairman Lumley reported that Karl Allen and Barb Vietti will be working with the Museum and County Historical Society to coordinate the celebration of the County’s 100th anniversary in 2013. Further updates will be passed along as they become available.

Lane 3 Progress Discussion
Engineering Associates representative Heath Overfield discussed the latest letter from WYDOT regarding required changes and updates on the plans for the Lane 3 project. Mr. Overfield felt that the response and bid documents could be submitted to WYDOT by January 6, 2012 for approval. Mr. Overfield presented the Commissioners with a tentative project schedule for the Lane 3 Urban Section — Phases 1 & 2. After reviewing the schedule, the Commissioners agreed that a special meeting would be held to open the bids, with awarding of the bids to take place at the next regular meeting following the bid opening. Commissioner Baker expressed his unhappiness with the repeated delays in the Lane 3 project caused by WYDOT’s shifting requirements and requests for additional information. Mike Baker moved to approve drafting of a letter to WYDOT to address the newly-raised issues by WYDOT, including utilities, timelines, etc. Brad Basse seconded the motion. Motion carried. Commissioner Basse inquired about the timing of the disposition of potentially unneeded land on Lane 3. Mr. Overfield suggested the County hold off on any land disposition until the project is complete. Mr. Overfield reported that he has delivered a copy of the water and sewer plan sheets for the Lane 3 project to South Thermopolis Water and Sewer District for use in planning their current expansion project.

Resolution 2011-04 — County Road Inventory
Local Postmistress Susan Linko appeared at the Commissioners’ request to offer input regarding Resolution 2011-04, a resolution to standardize the Hot Springs County road names/numbers within the state road inventory system. Ms. Linko indicated that she has no issues with the changes as listed within the resolution, but would like everyone concerned to understand that it can take up to twelve weeks for the road names to be uploaded into the national mainframe database. Further, if the resident only receives mail at a post office box, the new physical address will never get into the system for UPS and FedEx, as only mail delivery addresses are uploaded to the national mainframe. Ms. Linko noted that residents can request to have more than one delivery address on file if they wish. After discussion, Brad Basse moved adoption of Resolution 2011-04 as follows:
RESOLUTION 2011-04
A RESOLUTION TO STANDARDIZE
THE HOT SPRINGS COUNTY ROAD NAMES/NUMBERS
WITHIN THE STATE ROAD INVENTORY SYSTEM
WHEREAS the Hot Springs County Board of Commissioners finds a need to standardize road names and numbers throughout the county, and
WHEREAS the State of Wyoming is mandating the standardization of road names and numbers within the State Road Inventory System,
NOW THEREFORE BE IT RESOLVED by the Hot Springs County Board of Commissioners that the roads referred to in the attached Exhibit A shall be known henceforth by the revised names/numbers as listed in said Exhibit A. APPROVED AND ADOPTED this 20th day of December, 2011.
ATTEST:
Hans Odde, County ClerkJohn P. Lumley, Chairman
Brad Basse, Vice-Chairman
Micheal R. Baker, Commissioner
EXHIBIT A
EAST RIVER ROAD — COUNTY ROAD # 8
Formerly Upper East River Road (Co. Road #8) and Lower East River Road (Co. Road #4), will begin at the cattle guard leaving Hot Springs State Park Reserve at its northern entrance and will proceed 7.96 miles going north along the east side of the Big Horn River, ending at the

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intersection with Wyoming State Secondary 172, also known as Black Mountain Secondary. County Road #4 is hereby eliminated from inventory names as it is incorporated into County Road #8.

WEST COTTONWOOD ROAD — COUNTY ROAD #10
Formerly called Upper Cottonwood Road, but will henceforth be called West Cottonwood Road. This road begins at its intersection with State Highway 120W and runs westerly 23.95 miles.

EAST COTTONWOOD ROAD — COUNTY ROAD #13
Formerly called Lower Cottonwood Road, but henceforth will be called East Cottonwood Road. This road begins at its intersection with West Sand Draw Road and runs easterly down Cottonwood Creek, ending at the County line, 5.80 miles.

WEST SAND DRAW ROAD — COUNTY ROAD 18W
This road was previously Road #18 and ran east & west along Sand Draw between State Highway 120West and US Highway 20 North. This road will now divide at the Little Sand Draw Road junction and be the westerly end, beginning at its intersection with State Highway 120 West, running easterly and ending at Little Sand Draw junction, 9.7 miles.

EAST SAND DRAW ROAD — COUNTY ROAD 18E
This road was previously Road #18 and ran east & west along Sand Draw between State Highway 120West and US Highway 20 North. This road will now divide at the Little Sand Draw Road junction and be the easterly end, beginning at its intersection with US Highway 20 North, running westerly, and ending at Little Sand Draw junction, 6.1 miles.

EAST SUNNYSIDE LANE — COUNTY ROAD # 27E
Formerly included with West Sunnyside Lane (County Road #27), but henceforth to be separated out and called East Sunnyside Lane, County Road #27E, beginning at its intersection with US Highway 20 North and running easterly 1.44 miles, ending at the Longwell farmstead.

WEST SUNNYSIDE LANE — COUNTY ROAD #27W
Formerly included with East Sunnyside Lane (County Road #27), but henceforth to be separated out and called West Sunnyside Lane, County Road #27W, beginning at its intersection with US Highway 20 North and running westerly 3.4 miles, ending at the Lucerne Pumping Plant lift pumps.

LANE 7 — COUNTY ROAD #32
Formerly called Lane 7 (County Road #32) and included Bobcat Road (County Road #33), but henceforth to be called Lane 7, County Road #32, beginning at its intersection with US Highway 20 South and running westerly 1.38 miles, ending at its intersection with Lane 12, County Road #34. County Road #33 is hereby eliminated from inventory names as it is incorporated into County Road #32.

LANE 12 — COUNTY ROAD # 34
Formerly called Lane 12 (County Road #34) and included a portion of Lane 12 to Rimrock Drive (County Road #35E), but henceforth to be called Lane 12 , County Road #34, beginning at its intersection with US Highway 20 South and running westerly 2.0 miles to its junction with Rimrock Drive, County Road #35. County Road 35E is hereby eliminated from inventory names as it is incorporated into County Road #34.

RIMROCK DRIVE — COUNTY ROAD #35
Formerly called Rimrock Drive (aka Sable Run), County Road #35 and combined with a portion of County Road #35E (Lane 12 to Rimrock Drive), but shall henceforth be called Rimrock Drive, County Road #35, beginning at its intersection with US Highway 20 South and running westerly 1.52 miles to its junction with Lane 12, County Road #34. County Road #35E is hereby eliminated from inventory names as it is incorporated into County Road #35.

SOUTH KIRBY CREEK ROAD — COUNTY ROAD #19
This road will begin with its intersection with East River Road, County Road #8 and run easterly 5.30 miles.

Mike Baker seconded the motion. Motion carried.

Lane 12 Encroachment Issue
After a site visit to evaluate the encroachment on the County’s right-of-way by a trailer house owned by James Farmer, the Commissioners concluded that moving the trailer out of the right-

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of-way would not have any appreciable effect on the safety of the roadway in that area. After extensive discussion with Road & Bridge Foreman Ray Shaffer, Planner Bo Bowman, and County Attorney Jerry Williams, the Commissioners asked Mr. Shaffer to take whatever measures he deemed necessary to improve the safety of the road in that area, including black and yellow warning signs, road striping, reflective chevrons, etc. Mr. Shaffer also indicated that Rocky Mountain Power has plans to move the power poles away from their current positions near the road to ones further away from the road.

Airport Update
GDA representative Jeremy Gilb reported that the airport snow removal equipment is currently scheduled for delivery on December 28, 2011. This would be 74 days past the contracted delivery date, resulting in $3,700.00 in liquidated damages due to the county should the Commissioners desire to activate the liquidated damages clause. The Commissioners decided to wait until the equipment is actually delivered and inspected to make the decision on the liquidated damages requirement. Mr. Gilb will also check with WYDOT-Aeronautics for their input regarding liquidated damages as the majority of the purchase price is being funded by a WYDOT grant. A decision on enforcement of the damages clause will be made at the January 3, 2012 meeting, assuming the equipment has been delivered and inspected by then. Mr. Gilb revisited the question of an Addendum B to GDA’s contract for services regarding land acquisition. An extensive amount of time over that originally planned for has been necessary for this process, so an Addendum B to cover those costs has become necessary. Mr. Gilb will have that addendum for final approval at the January 3, 2012 meeting.

Executive Session — Land Acquisition
Brad Basse moved to enter Executive Session at 6:40 p.m. to discuss land acquisition. Mike Baker seconded the motion. Motion carried. Those present for the Executive Session included Commissioners Lumley, Basse and Baker, County Attorney Williams, Clerk Odde, GDA representatives Jeremy Gilb, Rick Patton and Annie Ness, and Admin Herdt. Attorney Larry Jones joined the Executive Session via telephone. Brad Basse moved to leave Executive Session at 7:15 p.m. Mike Baker seconded the motion. Motion carried. No action was taken during the Executive Session.

Other Business
South Thermopolis Water District Water Project — CDBG Grant Approval — Clerk Odde presented the Community Development Block Grant Agreement for the South Thermopolis Water & Sewer District’s expansion project for the Commissioners’ approval. The grant is in the amount of $500,000.00 and runs through July 31, 2013. Brad Basse moved to approve the grant agreement between the Wyoming Business Council, Division of Investment Ready Communities and Hot Springs County as presented. Mike Baker seconded the motion. Discussion: There appears to be a housing study requirement in the grant, and Commissioner Baker asked if that requirement had been met. County Attorney Williams indicated that he believed that it had. Motion carried.

Correspondence
Dorothy Milek — Status of Bones found in Pearce Gravel Pit — Mrs. Milek appeared to discuss the status of the human bones found during the excavation of the Pearce gravel pit. Planner Bowman reported that he had just discussed this with McGarvin-Moberly representatives this week, and the bones are currently being stored in a secure, dry area until the property owner decides what to do with them. Mrs. Milek asked to be kept informed of the disposition of the bones going forward.
Wyoming Dept. of Audit — Delinquent Annual Reports
Wyoming Dept. of Audit — Annual Report Receipt

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USDA-Forest Service — Proposed Draft Plan — Shoshone National Forest
Fair Board Minutes
Library Board Minutes
WCCA — Wyoming Counties Pooled Health Plan Feasibility Study
State Liquor Division - Sales Tax Hold
WYDOT — Plans of Action for Off-System Bridges with Unknown Foundations — Road & Bridge Foreman Ray Shaffer indicated that he has a plan of action ready to submit to the state regarding the Gooseberry Bridge.
South Thermopolis Water & Sewer District — Water Project Update to State Lands & Investment Board
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, Brad Basse moved to adjourn. Chairman Lumley declared the meeting adjourned at 7:15 p.m.
Attest:


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


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