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MINUTES OF COUNTY COMMISSIONERS MEETING
April 20, 2010


- STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    April 20, 2010
The Hot Springs Board of County Commissioners met in regular session on Tuesday, April 20, 2010, at 4:00 p.m. in the Commissioners’ Room at the Government Annex.

Present were Commissioners Brad W. Basse and John P. Lumley. Also present were County Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant Penny Herdt. Chairman John P. Lumley led those present in the Pledge of Allegiance. Chairman Lumley suspended Roberts Rules of Order to enable business to be conducted in the absence of Commissioner Manning due to illness.
Approval of Agenda
Brad W. Basse moved to approve the agenda with the following addition:
ADD: Regular Business6.b. Consider Letter of Support – Centennial Energy Waterflood Operation
John P. Lumley seconded the motion. Motion carried.
Appoint Land Use Planning Board Member
Clerk Odde reported that he had received one response to the advertisement for the Land Use Planning Board opening created by the passing of Carl Lawson. After reviewing the application, Brad W. Basse moved to appoint Jerry Langbehn to the Land Use Planning Board to fill the unexpired term of Carl Lawson. John P. Lumley seconded the motion. Motion carried.
Part-Time/Full-time County Attorney Discussion
The Commissioners once again took up the question of whether the County Attorney position should be part-time or full-time. Current state statutes indicate that in counties with a population of less than 9000 people, not served by a District Attorney, the position of County Attorney shall be a part-time position unless otherwise designated by a resolution of the County Commissioners. Any resolution regarding the status of the County Attorney position must be passed in conjunction with the setting of salaries for elected officials, which is scheduled for today. After considerable discussion, with participation by citizens Sandra Baker, Richard Baker, Nancy Blaich and William Struemke, Commissioners Lumley and Basse declared an impasse due to Chairman Lumley favoring full-time status and Commissioner Basse favoring part-time status, and no third vote available to break the impasse. The position of County Attorney will continue to be designated a part-time position for the next four years. Commissioner Lumley expressed his appreciation for Commissioner Basse’s viewpoint and also his appreciation for the County Attorney’s willingness to give immediate input on this issue.
Elected Officials Salary Discussion
The Commissioners are required by state statute to set salaries for the County Elected Officials on or before June first of each four-year election cycle. Salaries set at this time cannot be changed during the four year term of office for the Elected County Officials. Some of the factors considered during the work sessions held to determine the salary proposal were pay in other “like” county governments, salaries for commensurate positions within the community, past pay treatment and the current and anticipated economic conditions. New base salaries were proposed for all the positions (except the mid-term Commissioner) for 2011, with 3% cost of living increases in each of the next three years. Clerk Odde reported that the county health insurance plan has been put out for bid for the upcoming year, but no bids have been received at this time. He does, however, anticipate that health insurance costs will be increasing. There will also be an increase in the Wyoming State Retirement system costs as mandated by the state legislature for the upcoming year. In response to questioning by Lee Lockhart with the Northern Wyoming Daily News, Chairman Lumley indicated that responsibility for those cost increases will be determined during the upcoming budget process. Brad W. Basse moved to set elected official salaries for the next four years as follows: Assessor, Clerk, Clerk of District Court and Treasurer - $55,500.00 for 2011, County Attorney - $76,500.00 for 2011, Commissioners 1 & 2 - $14,100.00 for 2011, Commissioner

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3 - $14,088.10 for 2011 & 2012, Coroner – 11,500.00 for 2011, and Sheriff - $57,000.00 for 2011. All positions to be given a 3% cost of living adjustment each year for 2012, 2013 and 2014, except the mid-term Commissioner (3) – whose salary would not adjust until 2013 under state statute. John P. Lumley seconded the motion. Discussion: Citizen CW Clark expressed his opinion that in view of current economic conditions, raises were not necessary or acceptable at this time. Motion carried.
BHB Nature & Discovery Center Update
Toni Casciato, BHBNDC Joint Powers Board member, appeared before the Commissioners to give an update on the current status of the Center. The lease with the State has been completed and signed, which will allow funds to be released for an engineering study to determine the suitability of the current proposed site of the Nature & Discovery Center. Ms. Casciato asked that, in view of Commissioner Manning’s health situation, another one of the Commissioners fill in for him on the Joint Powers Board. Commissioner Basse agreed to do so. He will attend the next Joint Powers Board meeting on May 6th as the Commissioners’ representative. Kyle Gillette, the project architect, will be in attendance at the May 6th meeting, also. In response to questioning by Commissioner Basse, Ms. Casciato indicated that the Town Council is supportive of the completed lease agreement as a means of facilitating the release of funds allocated at the State level to complete the site engineering study to determine the suitability of the proposed site for the project. All further progress on the project is contingent upon the findings of the engineering study.
County Commissioner Scholarships
This item was tabled until the May 4th meeting. Tax Rebate Assessor Shelley Deromedi presented the following tax rebate for the Commissioners’ approval:
Rebate #17-10 – David & Jennifer Duncan – 2008 & 2009 Parcel #585 – All of Parcel J, Artois Re-subdivision, Block 2. This parcel was a duplicate of land also assessed as part of Parcel #R0001623, which resulted in a duplication of taxes for 2008 and 2009. Taxes in the amount of $250.06 need to be rebated. Brad W. Basse moved to approve Rebate #17-10 to David & Jennifer Duncan in the amount of $250.06. John P. Lumley seconded the motion. Motion carried.
Tax Roll & Narrative
Assessor Deromedi presented a letter to the Commissioners indicating that the 2010 tax assessment roll is complete and available for review in her office. She also presented the Commissioners with a copy of the narrative documenting how the tax roll was prepared. This narrative is also available in the Assessor’s office for review by any taxpayer who wishes to see it.
Sage Grouse Issues
County Planner Lee Campbell reported on the Sage Grouse Core Habitat Map Revisions work session held in Thermopolis on April 16th . Mr. Campbell reported very good attendance by members of the Big Horn Basin Sage Grouse Local Working Group. He was quite encouraged by the issues that were resolved at the meeting, but indicated that there are still some areas of extreme concern, particularly in the Greybull area regarding oil and gas development and bentonite mining. As all four counties in the Big Horn Basin have a vested interest in the Core Habitat Map revision process, Planner Campbell asked the Commissioners for permission to draft a letter to the governor asking for clarification on implementation of the Sage Grouse Core Habitat rules regarding existing development within newly designated Core Habitat areas, to be signed by Commissioners from all four counties. The Commissioners agreed that this was necessary. The letter will be prepared and ready for signature by the May 4th Commissioner meeting.
Centennial Energy
Planner Campbell presented a letter for the Commissioners’ signature to Tom Doll, Secretary of the Wyoming Oil & Gas Commission, in support of Centennial Energy’s Aquifer Exemption Application for a waterflood operation at Centennial Oil Field. Commissioner Basse read the letter into the record. After discussion, Brad W. Basse moved to approve the letter for signature of the chairman. John P. Lumley seconded the motion. Motion carried.

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Infrastructure Report – Red Rock Commercial Center
Thermopolis-Hot Springs County EDC Director Lynette Smith and EDC President Harry Hughes presented copies of the Final Infrastructure Report for the Red Rock Commercial Center for submittal to the Wyoming Business Council. The transmittal letter for the report will be completed by April 21st, at which time the Commissioners’ signatures will be affixed and the report will be submitted. After the Commissioners reviewed the report, Brad W. Basse moved to approve the Final Infrastructure Report for the Red Rock Commercial Center Project for submission to the Wyoming Business Council. John P. Lumley seconded the motion. Discussion: EDC President Harry expressed thanks for the support and assistance received from the County Officials during the course of the project. The Commissioners thanked the Economic Development Council for their previous and on-going efforts in development, completion and marketing of the Commercial Center. Motion carried.
Other Business
Establish Election Districts – Clerk Odde reported that the Commissioners are required to establish county election districts prior to each election. The three election districts and four precincts to be established by the Commissioners are as follows: District 1-Precinct 1-Ninth Street West to the city limits; District 1-Precinct 2-Ninth Street East to the city limits; District 2-Precinct 4-Rural County West; District 3-Precinct 3-Rural County East, East Thermopolis, Kirby, and the Lucerne area. Brad W. Basse moved to establish Election District 1 – Precincts 1 & 2, District 2 – Precinct 4 and District 3 – Precinct 3. John P. Lumley seconded the motion. Motion carried.
Child Support Cooperative Agreement – Clerk Odde reviewed the proposed annual agreement between the Wyoming DFS and Hot Springs County Clerk of District Court that allows the Clerk of District Court to receive and distribute child support payments for the county. The County Attorney has reviewed the agreement and amendments sent out later by the state to comply with recent legislation, and finds the agreement and amendments to be acceptable. Brad W. Basse moved to approve the Cooperative Agreement for Receipt & Distribution of Payments between Wyoming Department of Family Services, Child Support Enforcement Unit and Hot Springs County Clerk of the District Court. John P. Lumley seconded the motion. Motion carried.
HSC Senior Center Feasibility Study Draw Down Request #1 – Clerk Odde presented DDR #1 for the Senior Center Feasibility Study in the amount of $6,547.00 for engineering services and advertising. Brad W. Basse moved to approve DDR #1 for the HSC Senior Center Feasibility Study in the amount of $6,574.00. John P. Lumley seconded the motion. Motion carried.
Airport Environmental Assessment Grant Draft Requests – Clerk Odde presented Federal Grant Draft Request #8 to the FAA in the amount of $19,264.00, and State Grant Draft Request #8 to the WYDOT-Aeronautics Division in the amount of $608.00 in connection with the Environmental Assessment for the new airport. Brad W. Basse moved approval of Federal Grant Draft Request #8 to the FAA for the HSC Airport Environmental Assessment in the amount of $19,264.00. John P. Lumley seconded the motion. Motion carried. Brad W. Basse moved approval of State Grant Draft Request #8 to WYDOT- Aeronautics Division for the HSC Airport Environmental Assessment in the amount of $608.00. John P. Lumley seconded the motion. Motion carried.
Professional Services Agreement - Lane 3 Upgrade Project – Engineering Associates representative Heath Overfield presented a revised Professional Services Agreement/Project Scope Outline for the Commissioners’ approval. This item was tabled at the last meeting so that Mr. Overfield could meet with the County Attorney to review the proposed agreement. The County Attorney has now completed his review and has approved the agreement with the changes outlined in the Agreement Transmittal letter. Brad W. Basse moved approval of the Professional Services Agreement dated April 20, 2010 between Engineering Associates and Hot Springs County for the Lane 3 Upgrade project. John P. Lumley seconded the motion. Motion carried.
DEQ Letter of Credit #2 – Hot Springs County is required to provide a $1,000.00 bond to the DEQ in conjunction with land quality regulations regarding Permit #582S for the county’s gravel pits. The bond must be renewed annually. Pinnacle Bank provides the bond/letter of credit at no charge to the county at this time. Brad W. Basse moved approval of and signature on Letter of Credit #2 for DEQ Permit #582S – Hot Springs County Gravel Pits. John P. Lumley seconded the motion. Motion carried.
Bansemer #1 Well Permit Application – Clerk Odde presented the Bansemer #1 Well Permit application for the Commissioners’ approval. No comments have been received at this time from the county’s geologist regarding the well application. Brad W. Basse moved approval of Bansemer #1 Well Permit at 135 Highway 20 South. John P. Lumley seconded the motion. Discussion: The Commissioners concluded that, although the well falls within the Big Springs Protection area, the well is shallow enough that it should not have any adverse effect on the Big Spring. Motion carried.

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Baird Right-Of-Way Agreement – As part of the Buffalo Creek road project, a temporary license agreement has been drawn up between Jack and Ellen Baird and Hot Springs County allowing the county to work outside of the county’s right-of-way on the Baird’s property during the course of the project, and to use materials provided by the Baird’s in completion of the project. In return, the county will provide the Baird’s with a cattle guard, repair and replace any damaged or moved fencing, and reseed all disturbed soils, along with other items which are part of the agreement. Brad W. Basse moved approval of the Temporary License Agreement between Jack & Ellen Baird and Hot Springs County on County Road #5 as presented. John P. Lumley seconded the motion. Motion carried.
Correspondence
Library Board Minutes
Fair Board Minutes
Senior Citizen’s Board Minutes
Owl Creek Water District Newsletter – Clerk Odde pointed out that the District is holding a bond election on May 4, 2010. Due to the complexity of issues associated with this bond election, Clerk Odde plans to be present at the polling place during the election to render any assistance that might be required. Therefore, he will have to leave the Commissioners’ meeting, which is scheduled for that same day, at approximately 11:00 a.m. Chief Deputy Clerk Karen Slocum will take his place for the remainder of the Commissioners’ meeting
Biomass Utilization Group Agenda
Owl Creek Water District – Letter of Appreciation
US Bureau of Reclamation – Snowmelt Forecast
Roscoe Culverts – County Road Project Funding Assistance – This company would like to schedule a conference call with the Commissioners to discuss their ability to provide assistance in obtaining grant funding for potential county road projects. After discussion, the Commissioners asked Clerk Odde to work with Road & Bridge Superintendent Ray Shaffer to determine if such a call would be beneficial to the County’s road program.
Wyoming State Advisory Council on Juvenile Justice – Title V Community Prevention Grants Program – Chairman Lumley asked Clerk Odde to check with Youth Alternatives Director to see if this money could be used for the benefit of his program.
WYDOT – TEAL Grant Program – Clerk Odde has asked Engineering Associates representatives to determine if TEAL Grant funds could be used for the Lane 3 project.
Law Enforcement Memorial Service – Commissioner Lumley will attend Airport Traffic Count – March, 2010 – Commissioner Basse noted that GDA representative Dusty Spomer had provided statistics showing an average of 40-50 patient transports on Casper Life Flight, and at least 20 patient transports on St. Vincent’s – Billings Life Flight out of Thermopolis per year. This is only fixed-wing operations—helicopter flights were not included in this report.
Owl Creek Water District – Open House
Adjournment
There being no further business to come before the Board of County Commissioners at this time Brad W. Basse moved to adjourn the meeting at 6:15 p.m. John P. Lumley seconded the motion. Motion carried.
Attest:


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