MINUTES OF COUNTY COMMISSIONERS MEETING March 5, 2013

STATE OF WYOMING	)	OFFICE OF THE BOARD OF
	)	COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS	)	THERMOPOLIS WYOMING
		March 5, 2013
The Hot Springs County Board of Commissioners met in regular session on Tuesday, March 5, 2013 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 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: ADD:Ray Shaffer2.e. TCT Utility License Agreement Other Business4. WYECIP Energy Upgrade Draw Down Request #1 Mike Baker seconded the motion. Motion carried. Approval of Minutes Mike Baker made a motion to approve the minutes of the regular meetings on February 5 and 19, 2013 as presented. John Lumley seconded the motion. Motion carried. Approve Bills The following bills were submitted for approval: (see attached). Payroll for February, 2013 - $160,282.40. Maintenance Monthly Report Maintenance Foreman Chuck Carver reported there have been some issues with Trane reported by subcontractors on the project, including a lack of engineering by Trane and materials not showing up on time. Trane seems to be relying on local contractors for job specs instead of doing the engineering work they are contracted to do. The materials issue has led to subcontractors mobilizing to the site in anticipation of work, and then sitting around without materials to perform the job. He has spoken with Trane representative Dave Miller on the phone about this and things seem to be getting back on track. Mr. Miller will be back in Thermopolis today and Mr. Carver will be meeting with him later this afternoon to make sure these items are addressed properly. The ongoing issue with the operation of the sally port doors continues. Mr. Carver has discussed ways to remedy this with law enforcement personnel, and will do more thorough weekly maintenance on the sensors to attempt to improve the situation. The janitorial work sink in the Ag Extension building will be replaced today as the drain has rusted out. The vault floor sealing project has been completed. Work on the ventilation system for the vault is nearly complete. Repairs from the library break-ins and vandalism have been completed. The Shopko lot parking blocks have been delivered and will be installed by month end. Road and Bridge Monthly Report Road & Bridge Supervisor Ray Shaffer reported that he is still working with the BLM on re-permitting the Sand Draw and Kirby Creek pits. There is a tour scheduled for March 13 so the BLM can get an on-ground look at the permit site. Mr. Shaffer provided the Commissioners a copy of the annual report letter sent to Nate & MaeCile Brown regarding the county’s past and future use of the Brown pit. There is currently 600 yards of pit run stockpiled at the County pit, as well as about 1000 yards of crushed fines purchased from McGarvin-Moberly from the Pearce pit. All the stock-piled cold mix has been used from the Wagonhound pit. The storage pad must be cleaned up also, and that will be used for fill along the shoulders of West Cottonwood road this spring. Reclamation and seeding of the former pit area will follow when the pad material has been removed. Mr. Shaffer has begun advertising for someone to fill a retirement-related vacancy within the department. He hopes to have the position filled by April 1^st. As soon as the weather permits, Road and Bridge will start a crack sealing project using a cold emulsion product and the crushed fines stockpiled at the County Pit. After the crack seal project is complete, it will 1 be followed with a chip seal project over the same areas. Mr. Shaffer indicated that he hopes to finish the road-widening project on Grass Creek road this summer. It may require the rental of a trackhoe/hammer to complete this project. The rural fire number project has been completed. The position of the fire numbers has been changed from a flat position to a flag position. Combined with the higher reflectivity index of the new signs, this will make them much easier for first responders to see at night. A new materials agreement has been signed with Canyon Ready Mix for chips for possible chipping projects this summer. Road Mapping Project – After reviewing the road records in Hot Springs County and at Donnell & Allred, Inc. in Worland, it appears that there are actually more records available within the county than in Worland, eliminating any need for procuring records from Donnell & Allred, Inc. at this time. Mr. Shaffer presented a proposal from Rick Hudson and Engineering Associates for the surveying and mapping of Road 19, which he has identified as his number one priority mapping project. John Lumley moved to accept the preliminary proposal from Engineering Associates and Rick Hudson to provide survey and mapping services for Road 19 as described, in the amount of $10,500.00. Funds to come from the County Road Fund line item. Mike Baker seconded the motion. Discussion: Chairman Basse pointed out that the County is simply mapping the road at this time – no improvements or new road construction is planned as a part of this project. Motion carried. Mr. Shaffer was asked to work with Commissioner Baker and return to a later meeting with further prioritization and budget numbers for future mapping projects. Skelton Road Approach Agreement – Mr. Shaffer presented an Approach Agreement from Sherman Skelton for an approach to be installed on Skelton Road 0.5 miles from the start of County Road 21. Mr. Shaffer has reviewed and approved the agreement. All required fees have been paid. Mike Baker moved to approve the Approach Agreement with Sherman Skelton for an approach to be installed 0.5 miles from the start of County Road 21. John Lumley seconded the motion. Motion carried. Spring Creek Road Designation – Regarding last month’s discussion about changing the name of the road coming off Sorensen Road, currently known as Lower Spring Creek road – Mr. Shaffer has discussed the matter with the landowner, Mr. Bill Smith. Mr. Smith has no objections to changing the name to Spring Creek Road to comply with the Post Office’s requirements. No mail is actually received at any address on this road at this time. Mike Baker moved to designate the road as described as Spring Creek Road. John Lumley seconded. Motion carried. Guardrail Project Discussion – Mr. Shaffer presented estimates from a company who has done guardrail replacement projects throughout the state for the proposed county guardrail upgrade project. The initial portion of the project would be on County Road 8 (East River Road). This would be a federally-funded Rural Road Safety project, with engineering and grant money funneled through WYDOT. The estimate is only preliminary and includes no amounts for grading and dirt work. Mr. Shaffer stated that a lot of that work could be done as an in-kind match by the county. The scope of the project will necessitate engineering and bidding of the project. Each grant through the Wyoming Rural Road Safety program is a 90/10 grant in the amount of $100,000.00. It appears that the project could be done in phases to utilize separate grants for each phase. CRF funds can be used as grant match funds. WYDOT’s L-TAP division will assist with the engineering and grant application process. The Commissioners directed Mr. Shaffer to continue to pursue this project and work with WYDOT/L-TAP on the grant application process. TCT Utility License Agreement – TCT has applied for a utility license agreement for an underground cable crossing on Missouri Flats road. Mr. Shaffer has reviewed the application and has no issues with it. John Lumley moved to approve the Utility License Agreement between Hot Springs County and TCT, Inc. for an underground telecommunications cable crossing approximately 85’ west of the Highway 120 Right-of-Way at the intersection of Highway 120 and County Road 25-15 (Missouri Flats) pending receipt by the County Clerk of the required fees from TCT, Inc.. Mike Baker seconded the motion. Motion carried. Planner Monthly Report Planner Bo Bowman reported that the DRAFT County Natural Resource Plan revision has been completed and is currently undergoing a consistency review by Karen Budd-Falen. Funds for this review will come from the Planner’s NRPC account. Mr. Bowman has asked the Land Use Planning Board to begin a review of the County Land Use Regulations with an eye to updating them. Public Highways Resolution-DRAFT – Mr. Bowman presented a Draft resolution dealing with the definition of a public highway for the Commissioners’ consideration. This resolution was drafted by the NRPC in response to a statutory amendment passed by the legislature in 2009 allowing counties to recognize public roads that existed as of October, 1976. The NRPC feels that this Draft resolution would 2 be effective in preventing any future closures of public roads on public land, if such closure would be contrary to the County’s interests. After reviewing the Draft resolution, the Commissioners questioned the necessity of the resolution and what the NRPC expects to achieve by its passage. The resolution was laid back for further consideration at a later meeting. Planner Update – The permit applications for expansion of the Sand Draw and Kirby Creek pits have been submitted and are being processed. The Pearce subdivision issues have been successfully resolved. There is currently a cabin for sale within the county allegedly without a permitted septic system for waste disposal – currently an illegal system is being used for waste disposal. Mr. Bowman will send written notification to the owner regarding steps that must be taken to correct this violation. Mr. Bowman has received notification of an un-permitted septic system possibly constructed within the county last year. He is investigating this matter. Centennial Committee Funds Request Ross Rhodes appeared before the Commissioners to request funding assistance for advertising for the County Centennial Celebration to be held June 22, 2013. Clerk Odde offered his opinion that this would be a misuse of public funds to assist a private undertaking. Some private funding has already been obtained. The Commissioners declined to take any action at this time. Museum Façade Project Ross Rhodes reported the he has received two bids for removal of the aluminum façade on the museum. The low bid lists a cost of $150.00/hour for an estimated 16 hours for a cost of roughly $2,400.00 just for removal. Disposal of the removed aluminum will add approximately $2,000 more to the total cost. Mr. Rhodes had hoped to fund this project from the sale of the removed aluminum, but reported that at this time aluminum prices are too low to make this a reasonable solution. Mr. Rhodes would like to have this project completed prior to the Centennial celebration in June, if possible. After some discussion, the Commissioners agreed to investigate ways to get the façade removed using volunteer labor and donated equipment. Special Mill Levy Request – Weed & Pest Department Weed & Pest Supervisor Lindsay Woodward and Office Manager Shawna Farrell approached the County Commissioners with the annual request an additional 1 mill on the County’s assessed valuation for the special management areas for weeds and mosquitoes. Ms. Woodward reported the department would be changing the chemicals used for mosquito control this year to combat resistance buildup in both the larvae and the adult insects. John Lumley made a motion to approve the assessment of the additional one mill on taxable property for the special management areas for weeds and mosquitoes. Mike Baker seconded. Motion carried. Holden Water Rights In addition to the Commissioners, GDA representative Dustin Spomer and State Engineer’s Office - District III Asst. Superintendent Dave Deutz were present for discussion of the water rights on the new airport property. No written time limit can be found in the sale agreement between Mr. Holden and the County regarding the disposition of the water rights associated with the property. Mr. Deutz indicated that there are actually two separate issues here – the basic water rights for the 467 acres purchased by the county for the new airport (329.3 acres of basic water rights), and the exchange water rights to 137.7 of those acres which are subject to annual assessment by the Owl Creek Water District. According to the agreement between Mr. Holden and the County, both of these rights are available for transfer to other lands as designated by Mr. Holden. Statutorily, if the basic water rights are not used for five years, they become subject to abandonment by the county – this does not mean they must be abandoned, only that they become subject to abandonment action if such action is brought forward by another party. The exchange rights are the ones the County is currently being charged an annual assessment on by the Owl Creek Water District. After extensive discussion, at the suggestion of Chairman Basse, Mike Baker moved to, with the assistance of the county attorney, draft a letter to Mr. Holden’s attorney requesting action be taken by Joe Holden on both the 329.3 acres of basic water rights and the 137.7 acres of exchange rights, with notification to the County regarding his desired disposition of these rights. This action and notification is to occur no later than December 31, 2013 or prior to the sale of the Holden Ranch property, whichever occurs first. If these actions do not occur as set forth above, the County will assume Mr. Holden does not want these water rights and will consider them the County’s to do with as 3 they please. John Lumley seconded the motion. Discussion: the County’s motivation for this action is the fact that the County is paying the annual assessment on the exchange rights, with no current benefit. Motion carried. The draft letter will be circulated for review prior to finalization and mailing. Airport Update WYDOT – Aeronautics Division THP-11C-2807 Request for Reimbursement #15 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #15 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11C-2807/FAA #3-56-0043-02 RFR #15 in the amount of $249.00. John Lumley seconded the motion. Motion carried. FAA – AIP #02 Request for Reimbursement #15– Clerk Odde presented FAA Request for Reimbursement #15 for the Commissioners’ approval. John Lumley moved to approve FAA Project 3-56-0043-02 RFR #15 in the amount of $7,862.00. Mike Baker seconded the motion. Motion carried. Change Order No. 1 – Phase II – Jeremy Gilb presented Change Order No. 1 to the Phase II contract with High Country Construction, Inc. for the Commissioners’ approval. This is a zero dollar change order adding two days working days to the contract for Phase II of the new airport project. The change order is necessary to accommodate changes required to meet new airport design standards implemented by the FAA since the original Phase II contract was signed. Mike Baker moved to approve Contract Change Order No. 1 to the contract between Hot Springs County and High Country Construction, Inc. as presented. John Lumley seconded the motion. Motion carried. Mr. Gilb distributed revised construction documents, identified by bright yellow covers, to reflect this change order. Project Update – Phases II & III – Mobilization has begun for the Phase II project. Work at the site will begin approximately March 11^th. Advertising for bids for Phase III is underway. Plans will be mailed to prospective bidders on March 7. Six plan requests have been received to date. The pre-bid meeting for Phase III will be held at the Annex building on March 21^st beginning at 2:00 p.m. Bid opening is scheduled for April 17, 2013. High Plains Power Update – Mr. Gilb reported that he is working on easement descriptions and language for the underground power line to the Holden residence. When the easement and contract documents are finished, they will be forwarded to the County Attorney for review. Relocation Update – The Disinterested Third Party retained to assist with the relocation process is moving forward with negotiations. GDA anticipates payment applications will be submitted within the next sixty days. Addendum A to Amendment No. 5 – Phase II – Mr. Gilb presented Addendum A to Amendment 5 – Phase II for the Commissioners’ consideration. The change in FAA design standards required additional engineering on the Phase II project. This addendum is to cover fees incurred for the additional engineering. Mike Baker moved approval of Addendum A to Amendment No. 5 to the Generalized Agreement between Hot Springs County and GDA Engineers. John Lumley seconded the motion. Discussion: this addendum will increase the cost of the Phase II project by $9,000.00. Motion carried. Youth Alternatives Monthly Report Director Alan Rossler reported that his numbers have remained stable. There are fourteen participants in the diversion program, with two successful completions and two forty-eight hour holds in February. VOA director Craig Fisgus has indicated that there is no firm information regarding any impacts to the local VOA-supported programs as a result of the federal sequestration actions at this time. Mr. Rossler discussed a program offered by Central Wyoming College which provides financial assistance to 18-21 year old students identified as “at-risk” to attend college and attain a degree/certification in several different programs. He will travel to Riverton to check this program out later this month. Mr. Rossler is working with DFS to arrange participation in the County Health Fair on April 12^th and 13^th. IT Update – Traveling Computers, Inc. Traveling Computers, Inc. representatives Troy Bath and Brad Nimmo presented the Commissioners with information regarding upcoming IT needs within the County offices. The Spillman system used by the Law Enforcement Center is scheduled for a major upgrade, including both a new server and software; the courthouse is due for a new server and office software upgrade; and the E911 System upgrade requires new equipment immediately. Upgrades to the fiber optic line are also required in the near future. It was noted that the Town will be responsible for half the cost of the upgrades in the law enforcement center. E911 Upgrade – The E911 Upgrade project is underway. The new E911 server will be installed on March 18^th. Century Link chose not to be a part of the E911 upgrade, so support will be provided through 4 WyoNet. There are several items that are required as part of the project in order to integrate the E911 system into the current phone system, as noted on the information distributed to the Commissioners by Mr. Bath. Another item that needs to change is the location of the LEC generator. It is currently located in the same room as the E911 trunks and other heat-sensitive equipment. Mr. Bath recommends this generator be located somewhere outside the equipment room as soon as possible. The generator is fairly old and may need to be replaced. EM Coordinator Bill Gordon suggested that Homeland Security money may be a source of funds for this. Mr. Gordon reported that the Call Logger in Dispatch is in urgent need of being replaced, also. Funds for that will come from the E911 line item. After extensive discussion, Mike Baker moved to approve the following must-have items: 2 x CiscoVIC-2FXO for E911 inputs into Call Manager, Cisco VWIC-T1/E1 card for PRI to Eventide Call Logger, Cisco 7962G SideCar for Dispatch Phone, and WyoNet Support for Phone System Configuration for a total amount of $7,120.00. John Lumley seconded the motion. Discussion: any eligible expenditures will come from the E911 line item with the remainder to come from Courthouse Equipment. Motion carried. Chairman Basse will work with Mr. Gordon to develop a plan to move the generator out of the IT room. Emergency Management Monthly Report Emergency Management Coordinator Bill Gordon indicated he had no further information for the Commissioners besides what he had provided during the IT update with Traveling Computers. HSC Airport FBO Selection Chairman Basse reported that three applications were received for the FBO contract currently held by Crowley Aviation. Hot Springs County has agreed to release Crowley Aviation from their contract as soon as an acceptable contract is in place with a new FBO, as the Crowleys are planning to return to Alaska in April. The three applicants included Godfrey Aviation of Nibley, Utah, JT Aviation of Thermopolis, Wyoming and Wind River Aviation of Lander, Wyoming. All three applicants were interviewed by the Commissioners on March 4, 2013. Commissioner Lumley made a motion to retain JT Aviation as the FBO for the Hot Springs County Airport. Mike Baker seconded the motion. Discussion: The Commissioners discussed their individual positions regarding the best choice for the FBO position based on the applicants’ proposals and the interview process. Citizen C.W. Clark approached the Commissioners to provide input on the selection, but was reminded that a public meeting was not the same as a public hearing, and that public input was not being sought on this matter at this time. After extensive discussion, Commissioner Baker offered a friendly amendment to the motion on the floor adding language that the offer of the FBO position to JTA is contingent upon successful negotiation of mutually agreeable contract terms. Commissioner Lumley agreed to accept the amendment. Chairman Basse called for a vote on the amendment. The amendment passed unanimously with Lumley and Baker voting aye. After calling for further discussion on the amended motion, receiving none, Chairman Basse called for a vote on the amended motion. Commissioner Lumley voted aye. Commissioner Baker voted no. Chairman Basse broke the tie with an aye vote. Motion carried. Discussion ensued regarding negotiation of the contract. County Attorney Williams will draw up a three-year contract addressing his concerns and containing a trigger for re-negotiation when the move is made to the new airport, as well as the possibility for extension of the contract without the necessity of re-bidding. The Commissioners will review the contract before it is presented to JT Aviation for signature. Other Business Owl Creek Water District Water Supply Project CDBG Grant Draft Request # 16 –Clerk Odde presented Grant Draft Request #16 for the Owl Creek Water project. John Lumley moved to approve the Wyoming Business Council Investment Ready Communities Grant Draft Request #16 for the Owl Creek Water District Water Supply project in the amount of $7,904.00. Mike Baker seconded the motion. Discussion: Chairman Basse recused himself from discussion and voting due to his status as a subcontractor on this project. Motion carried. The Grant Draft Request will be signed by Vice-Chairman Baker. Big Horn Basin Resource Management Plan Amended Memorandum of Understanding – The BLM has issued this amended MOU without the need for a signature on the county’s part to be effective immediately. Mike Baker moved to complete the accompanying cooperating agency contact update request form designating John Lumley as the county’s official contact person for the BHB RMP process. John Lumley seconded the motion. Discussion: The Commissioners expressed their displeasure over the fact that the BLM is currently managing the area covered by the RMP according to the proposed plan, as 5 opposed to the one currently in effect. It appears that the Sage Grouse issue is a major roadblock to the completion of the plan revision. Motion carried. High Plains Power Annual Meeting Notice and Proxy Request – The Commissioners noted the meeting date, but took no action to issue a voting proxy at this time. WYECIP Energy Upgrade Draw Down Request #1 – Chairman Basse recused himself from discussion and voting on this item due to his status as a subcontractor on the project. Clerk Odde presented SLIB Grant Draft Request #1 for the WYECIP Courthouse Energy Upgrade for the Commissioners’ approval. John Lumley moved to approve SLIB Grant #CWC-13147 HS Grant Draft Request #1 for the Courthouse Energy Upgrade in the amount of $45,503.28. Mike Baker seconded the motion. Motion carried. Correspondence HSC Planner – Road 19 Report – Everett Jones UW Extension – 2013 Impacts Report WYDOT – Lane 3, Phases 1 & 2 Project Inspection – Chairman Basse asked Commissioner Baker to discuss the necessary changes noted on the inspection report with Engineering Associates and report back on EA’s plans to address the items noted in the report. Wyoming Pipeline Association – Pipeline Safety Emergency Response Training Program Library Board Minutes – January, 2013 HSC Treasurer – Livestock Predatory Animal Fund Report Airport Operations Report – January, 2013 Lander Area BLM – Resource Management Plan Revision Final EIS The Commissioners reviewed the foregoing correspondence. No further action was required at this time. Adjournment There being no further business to come before the Board at this time, Mike Baker moved to adjourn. Chairman Basse declared the meeting adjourned at 3:35 p.m.
		Attest:
_______________________________ Brad Basse, Chairman		_______________________________ Hans Odde, Clerk to the Board

MINUTES OF COUNTY COMMISSIONERS MEETING
March 5, 2013

STATE OF WYOMING

)

OFFICE OF THE BOARD OF

)

COUNTY COMMISSIONERS

COUNTY OF HOT SPRINGS

)

THERMOPOLIS WYOMING

March 5, 2013

The Hot Springs County Board of Commissioners met in regular session on Tuesday, March 5, 2013 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 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:

ADD:Ray Shaffer2.e. TCT Utility License Agreement
Other Business4. WYECIP Energy Upgrade Draw Down Request #1

Mike Baker seconded the motion. Motion carried.

Approval of Minutes

Mike Baker made a motion to approve the minutes of the regular meetings on February 5 and 19, 2013 as presented. John Lumley seconded the motion. Motion carried.

Approve Bills

The following bills were submitted for approval: (see attached). Payroll for February, 2013 - $160,282.40.

Maintenance Monthly Report

Maintenance Foreman Chuck Carver reported there have been some issues with Trane reported by subcontractors on the project, including a lack of engineering by Trane and materials not showing up on time. Trane seems to be relying on local contractors for job specs instead of doing the engineering work they are contracted to do. The materials issue has led to subcontractors mobilizing to the site in anticipation of work, and then sitting around without materials to perform the job. He has spoken with Trane representative Dave Miller on the phone about this and things seem to be getting back on track. Mr. Miller will be back in Thermopolis today and Mr. Carver will be meeting with him later this afternoon to make sure these items are addressed properly.
The ongoing issue with the operation of the sally port doors continues. Mr. Carver has discussed ways to remedy this with law enforcement personnel, and will do more thorough weekly maintenance on the sensors to attempt to improve the situation.
The janitorial work sink in the Ag Extension building will be replaced today as the drain has rusted out.
The vault floor sealing project has been completed. Work on the ventilation system for the vault is nearly complete.
Repairs from the library break-ins and vandalism have been completed.
The Shopko lot parking blocks have been delivered and will be installed by month end.

Road and Bridge Monthly Report

Road & Bridge Supervisor Ray Shaffer reported that he is still working with the BLM on re-permitting the Sand Draw and Kirby Creek pits. There is a tour scheduled for March 13 so the BLM can get an on-ground look at the permit site. Mr. Shaffer provided the Commissioners a copy of the annual report letter sent to Nate & MaeCile Brown regarding the county’s past and future use of the Brown pit. There is currently 600 yards of pit run stockpiled at the County pit, as well as about 1000 yards of crushed fines purchased from McGarvin-Moberly from the Pearce pit. All the stock-piled cold mix has been used from the Wagonhound pit. The storage pad must be cleaned up also, and that will be used for fill along the shoulders of West Cottonwood road this spring. Reclamation and seeding of the former pit area will follow when the pad material has been removed.
Mr. Shaffer has begun advertising for someone to fill a retirement-related vacancy within the department. He hopes to have the position filled by April 1^st.
As soon as the weather permits, Road and Bridge will start a crack sealing project using a cold emulsion product and the crushed fines stockpiled at the County Pit. After the crack seal project is complete, it will

be followed with a chip seal project over the same areas. Mr. Shaffer indicated that he hopes to finish the road-widening project on Grass Creek road this summer. It may require the rental of a trackhoe/hammer to complete this project.
The rural fire number project has been completed. The position of the fire numbers has been changed from a flat position to a flag position. Combined with the higher reflectivity index of the new signs, this will make them much easier for first responders to see at night.
A new materials agreement has been signed with Canyon Ready Mix for chips for possible chipping projects this summer.
Road Mapping Project – After reviewing the road records in Hot Springs County and at Donnell & Allred, Inc. in Worland, it appears that there are actually more records available within the county than in Worland, eliminating any need for procuring records from Donnell & Allred, Inc. at this time. Mr. Shaffer presented a proposal from Rick Hudson and Engineering Associates for the surveying and mapping of Road 19, which he has identified as his number one priority mapping project. John Lumley moved to accept the preliminary proposal from Engineering Associates and Rick Hudson to provide survey and mapping services for Road 19 as described, in the amount of $10,500.00. Funds to come from the County Road Fund line item. Mike Baker seconded the motion. Discussion: Chairman Basse pointed out that the County is simply mapping the road at this time – no improvements or new road construction is planned as a part of this project. Motion carried. Mr. Shaffer was asked to work with Commissioner Baker and return to a later meeting with further prioritization and budget numbers for future mapping projects.
Skelton Road Approach Agreement – Mr. Shaffer presented an Approach Agreement from Sherman Skelton for an approach to be installed on Skelton Road 0.5 miles from the start of County Road 21. Mr. Shaffer has reviewed and approved the agreement. All required fees have been paid. Mike Baker moved to approve the Approach Agreement with Sherman Skelton for an approach to be installed 0.5 miles from the start of County Road 21. John Lumley seconded the motion. Motion carried.
Spring Creek Road Designation – Regarding last month’s discussion about changing the name of the road coming off Sorensen Road, currently known as Lower Spring Creek road – Mr. Shaffer has discussed the matter with the landowner, Mr. Bill Smith. Mr. Smith has no objections to changing the name to Spring Creek Road to comply with the Post Office’s requirements. No mail is actually received at any address on this road at this time. Mike Baker moved to designate the road as described as Spring Creek Road. John Lumley seconded. Motion carried.
Guardrail Project Discussion – Mr. Shaffer presented estimates from a company who has done guardrail replacement projects throughout the state for the proposed county guardrail upgrade project. The initial portion of the project would be on County Road 8 (East River Road). This would be a federally-funded Rural Road Safety project, with engineering and grant money funneled through WYDOT. The estimate is only preliminary and includes no amounts for grading and dirt work. Mr. Shaffer stated that a lot of that work could be done as an in-kind match by the county. The scope of the project will necessitate engineering and bidding of the project. Each grant through the Wyoming Rural Road Safety program is a 90/10 grant in the amount of $100,000.00. It appears that the project could be done in phases to utilize separate grants for each phase. CRF funds can be used as grant match funds. WYDOT’s L-TAP division will assist with the engineering and grant application process. The Commissioners directed Mr. Shaffer to continue to pursue this project and work with WYDOT/L-TAP on the grant application process.
TCT Utility License Agreement – TCT has applied for a utility license agreement for an underground cable crossing on Missouri Flats road. Mr. Shaffer has reviewed the application and has no issues with it. John Lumley moved to approve the Utility License Agreement between Hot Springs County and TCT, Inc. for an underground telecommunications cable crossing approximately 85’ west of the Highway 120 Right-of-Way at the intersection of Highway 120 and County Road 25-15 (Missouri Flats) pending receipt by the County Clerk of the required fees from TCT, Inc.. Mike Baker seconded the motion. Motion carried.

Planner Monthly Report

Planner Bo Bowman reported that the DRAFT County Natural Resource Plan revision has been completed and is currently undergoing a consistency review by Karen Budd-Falen. Funds for this review will come from the Planner’s NRPC account. Mr. Bowman has asked the Land Use Planning Board to begin a review of the County Land Use Regulations with an eye to updating them.
Public Highways Resolution-DRAFT – Mr. Bowman presented a Draft resolution dealing with the definition of a public highway for the Commissioners’ consideration. This resolution was drafted by the NRPC in response to a statutory amendment passed by the legislature in 2009 allowing counties to recognize public roads that existed as of October, 1976. The NRPC feels that this Draft resolution would

be effective in preventing any future closures of public roads on public land, if such closure would be contrary to the County’s interests. After reviewing the Draft resolution, the Commissioners questioned the necessity of the resolution and what the NRPC expects to achieve by its passage. The resolution was laid back for further consideration at a later meeting.
Planner Update – The permit applications for expansion of the Sand Draw and Kirby Creek pits have been submitted and are being processed. The Pearce subdivision issues have been successfully resolved. There is currently a cabin for sale within the county allegedly without a permitted septic system for waste disposal – currently an illegal system is being used for waste disposal. Mr. Bowman will send written notification to the owner regarding steps that must be taken to correct this violation. Mr. Bowman has received notification of an un-permitted septic system possibly constructed within the county last year. He is investigating this matter.

Centennial Committee Funds Request

Ross Rhodes appeared before the Commissioners to request funding assistance for advertising for the County Centennial Celebration to be held June 22, 2013. Clerk Odde offered his opinion that this would be a misuse of public funds to assist a private undertaking. Some private funding has already been obtained. The Commissioners declined to take any action at this time.

Museum Façade Project

Ross Rhodes reported the he has received two bids for removal of the aluminum façade on the museum. The low bid lists a cost of $150.00/hour for an estimated 16 hours for a cost of roughly $2,400.00 just for removal. Disposal of the removed aluminum will add approximately $2,000 more to the total cost. Mr. Rhodes had hoped to fund this project from the sale of the removed aluminum, but reported that at this time aluminum prices are too low to make this a reasonable solution. Mr. Rhodes would like to have this project completed prior to the Centennial celebration in June, if possible. After some discussion, the Commissioners agreed to investigate ways to get the façade removed using volunteer labor and donated equipment.

Special Mill Levy Request – Weed & Pest Department

Weed & Pest Supervisor Lindsay Woodward and Office Manager Shawna Farrell approached the County Commissioners with the annual request an additional 1 mill on the County’s assessed valuation for the special management areas for weeds and mosquitoes. Ms. Woodward reported the department would be changing the chemicals used for mosquito control this year to combat resistance buildup in both the larvae and the adult insects. John Lumley made a motion to approve the assessment of the additional one mill on taxable property for the special management areas for weeds and mosquitoes. Mike Baker seconded. Motion carried.

Holden Water Rights

In addition to the Commissioners, GDA representative Dustin Spomer and State Engineer’s Office - District III Asst. Superintendent Dave Deutz were present for discussion of the water rights on the new airport property. No written time limit can be found in the sale agreement between Mr. Holden and the County regarding the disposition of the water rights associated with the property. Mr. Deutz indicated that there are actually two separate issues here – the basic water rights for the 467 acres purchased by the county for the new airport (329.3 acres of basic water rights), and the exchange water rights to 137.7 of those acres which are subject to annual assessment by the Owl Creek Water District. According to the agreement between Mr. Holden and the County, both of these rights are available for transfer to other lands as designated by Mr. Holden. Statutorily, if the basic water rights are not used for five years, they become subject to abandonment by the county – this does not mean they must be abandoned, only that they become subject to abandonment action if such action is brought forward by another party. The exchange rights are the ones the County is currently being charged an annual assessment on by the Owl Creek Water District. After extensive discussion, at the suggestion of Chairman Basse, Mike Baker moved to, with the assistance of the county attorney, draft a letter to Mr. Holden’s attorney requesting action be taken by Joe Holden on both the 329.3 acres of basic water rights and the 137.7 acres of exchange rights, with notification to the County regarding his desired disposition of these rights. This action and notification is to occur no later than December 31, 2013 or prior to the sale of the Holden Ranch property, whichever occurs first. If these actions do not occur as set forth above, the County will assume Mr. Holden does not want these water rights and will consider them the County’s to do with as

they please. John Lumley seconded the motion. Discussion: the County’s motivation for this action is the fact that the County is paying the annual assessment on the exchange rights, with no current benefit. Motion carried. The draft letter will be circulated for review prior to finalization and mailing.

Airport Update

WYDOT – Aeronautics Division THP-11C-2807 Request for Reimbursement #15 – Clerk Odde presented WYDOT-Aeronautics Division Request for Reimbursement #15 for the Commissioners’ approval. Mike Baker moved to approve WYDOT-Aeronautics Division Project THP-11C-2807/FAA #3-56-0043-02 RFR #15 in the amount of $249.00. John Lumley seconded the motion. Motion carried.
FAA – AIP #02 Request for Reimbursement #15– Clerk Odde presented FAA Request for Reimbursement #15 for the Commissioners’ approval. John Lumley moved to approve FAA Project 3-56-0043-02 RFR #15 in the amount of $7,862.00. Mike Baker seconded the motion. Motion carried.
Change Order No. 1 – Phase II – Jeremy Gilb presented Change Order No. 1 to the Phase II contract with High Country Construction, Inc. for the Commissioners’ approval. This is a zero dollar change order adding two days working days to the contract for Phase II of the new airport project. The change order is necessary to accommodate changes required to meet new airport design standards implemented by the FAA since the original Phase II contract was signed. Mike Baker moved to approve Contract Change Order No. 1 to the contract between Hot Springs County and High Country Construction, Inc. as presented. John Lumley seconded the motion. Motion carried. Mr. Gilb distributed revised construction documents, identified by bright yellow covers, to reflect this change order.
Project Update – Phases II & III – Mobilization has begun for the Phase II project. Work at the site will begin approximately March 11^th. Advertising for bids for Phase III is underway. Plans will be mailed to prospective bidders on March 7. Six plan requests have been received to date. The pre-bid meeting for Phase III will be held at the Annex building on March 21^st beginning at 2:00 p.m. Bid opening is scheduled for April 17, 2013.
High Plains Power Update – Mr. Gilb reported that he is working on easement descriptions and language for the underground power line to the Holden residence. When the easement and contract documents are finished, they will be forwarded to the County Attorney for review.
Relocation Update – The Disinterested Third Party retained to assist with the relocation process is moving forward with negotiations. GDA anticipates payment applications will be submitted within the next sixty days.
Addendum A to Amendment No. 5 – Phase II – Mr. Gilb presented Addendum A to Amendment 5 – Phase II for the Commissioners’ consideration. The change in FAA design standards required additional engineering on the Phase II project. This addendum is to cover fees incurred for the additional engineering. Mike Baker moved approval of Addendum A to Amendment No. 5 to the Generalized Agreement between Hot Springs County and GDA Engineers. John Lumley seconded the motion. Discussion: this addendum will increase the cost of the Phase II project by $9,000.00. Motion carried.

Youth Alternatives Monthly Report

Director Alan Rossler reported that his numbers have remained stable. There are fourteen participants in the diversion program, with two successful completions and two forty-eight hour holds in February. VOA director Craig Fisgus has indicated that there is no firm information regarding any impacts to the local VOA-supported programs as a result of the federal sequestration actions at this time. Mr. Rossler discussed a program offered by Central Wyoming College which provides financial assistance to 18-21 year old students identified as “at-risk” to attend college and attain a degree/certification in several different programs. He will travel to Riverton to check this program out later this month. Mr. Rossler is working with DFS to arrange participation in the County Health Fair on April 12^th and 13^th.

IT Update – Traveling Computers, Inc.

Traveling Computers, Inc. representatives Troy Bath and Brad Nimmo presented the Commissioners with information regarding upcoming IT needs within the County offices. The Spillman system used by the Law Enforcement Center is scheduled for a major upgrade, including both a new server and software; the courthouse is due for a new server and office software upgrade; and the E911 System upgrade requires new equipment immediately. Upgrades to the fiber optic line are also required in the near future. It was noted that the Town will be responsible for half the cost of the upgrades in the law enforcement center.
E911 Upgrade – The E911 Upgrade project is underway. The new E911 server will be installed on March 18^th. Century Link chose not to be a part of the E911 upgrade, so support will be provided through

WyoNet. There are several items that are required as part of the project in order to integrate the E911 system into the current phone system, as noted on the information distributed to the Commissioners by Mr. Bath. Another item that needs to change is the location of the LEC generator. It is currently located in the same room as the E911 trunks and other heat-sensitive equipment. Mr. Bath recommends this generator be located somewhere outside the equipment room as soon as possible. The generator is fairly old and may need to be replaced. EM Coordinator Bill Gordon suggested that Homeland Security money may be a source of funds for this. Mr. Gordon reported that the Call Logger in Dispatch is in urgent need of being replaced, also. Funds for that will come from the E911 line item. After extensive discussion, Mike Baker moved to approve the following must-have items: 2 x CiscoVIC-2FXO for E911 inputs into Call Manager, Cisco VWIC-T1/E1 card for PRI to Eventide Call Logger, Cisco 7962G SideCar for Dispatch Phone, and WyoNet Support for Phone System Configuration for a total amount of $7,120.00. John Lumley seconded the motion. Discussion: any eligible expenditures will come from the E911 line item with the remainder to come from Courthouse Equipment. Motion carried.
Chairman Basse will work with Mr. Gordon to develop a plan to move the generator out of the IT room.

Emergency Management Monthly Report

Emergency Management Coordinator Bill Gordon indicated he had no further information for the Commissioners besides what he had provided during the IT update with Traveling Computers.

HSC Airport FBO Selection

Chairman Basse reported that three applications were received for the FBO contract currently held by Crowley Aviation. Hot Springs County has agreed to release Crowley Aviation from their contract as soon as an acceptable contract is in place with a new FBO, as the Crowleys are planning to return to Alaska in April. The three applicants included Godfrey Aviation of Nibley, Utah, JT Aviation of Thermopolis, Wyoming and Wind River Aviation of Lander, Wyoming. All three applicants were interviewed by the Commissioners on March 4, 2013. Commissioner Lumley made a motion to retain JT Aviation as the FBO for the Hot Springs County Airport. Mike Baker seconded the motion. Discussion: The Commissioners discussed their individual positions regarding the best choice for the FBO position based on the applicants’ proposals and the interview process. Citizen C.W. Clark approached the Commissioners to provide input on the selection, but was reminded that a public meeting was not the same as a public hearing, and that public input was not being sought on this matter at this time. After extensive discussion, Commissioner Baker offered a friendly amendment to the motion on the floor adding language that the offer of the FBO position to JTA is contingent upon successful negotiation of mutually agreeable contract terms. Commissioner Lumley agreed to accept the amendment. Chairman Basse called for a vote on the amendment. The amendment passed unanimously with Lumley and Baker voting aye. After calling for further discussion on the amended motion, receiving none, Chairman Basse called for a vote on the amended motion. Commissioner Lumley voted aye. Commissioner Baker voted no. Chairman Basse broke the tie with an aye vote. Motion carried. Discussion ensued regarding negotiation of the contract. County Attorney Williams will draw up a three-year contract addressing his concerns and containing a trigger for re-negotiation when the move is made to the new airport, as well as the possibility for extension of the contract without the necessity of re-bidding. The Commissioners will review the contract before it is presented to JT Aviation for signature.

Other Business

Owl Creek Water District Water Supply Project CDBG Grant Draft Request # 16 –Clerk Odde presented Grant Draft Request #16 for the Owl Creek Water project. John Lumley moved to approve the Wyoming Business Council Investment Ready Communities Grant Draft Request #16 for the Owl Creek Water District Water Supply project in the amount of $7,904.00. Mike Baker seconded the motion. Discussion: Chairman Basse recused himself from discussion and voting due to his status as a subcontractor on this project. Motion carried. The Grant Draft Request will be signed by Vice-Chairman Baker.
Big Horn Basin Resource Management Plan Amended Memorandum of Understanding – The BLM has issued this amended MOU without the need for a signature on the county’s part to be effective immediately. Mike Baker moved to complete the accompanying cooperating agency contact update request form designating John Lumley as the county’s official contact person for the BHB RMP process. John Lumley seconded the motion. Discussion: The Commissioners expressed their displeasure over the fact that the BLM is currently managing the area covered by the RMP according to the proposed plan, as

opposed to the one currently in effect. It appears that the Sage Grouse issue is a major roadblock to the completion of the plan revision. Motion carried.
High Plains Power Annual Meeting Notice and Proxy Request – The Commissioners noted the meeting date, but took no action to issue a voting proxy at this time. WYECIP Energy Upgrade Draw Down Request #1 – Chairman Basse recused himself from discussion and voting on this item due to his status as a subcontractor on the project. Clerk Odde presented SLIB Grant Draft Request #1 for the WYECIP Courthouse Energy Upgrade for the Commissioners’ approval. John Lumley moved to approve SLIB Grant #CWC-13147 HS Grant Draft Request #1 for the Courthouse Energy Upgrade in the amount of $45,503.28. Mike Baker seconded the motion. Motion carried.

Correspondence

HSC Planner – Road 19 Report – Everett Jones
UW Extension – 2013 Impacts Report
WYDOT – Lane 3, Phases 1 & 2 Project Inspection – Chairman Basse asked Commissioner Baker to discuss the necessary changes noted on the inspection report with Engineering Associates and report back on EA’s plans to address the items noted in the report. Wyoming Pipeline Association – Pipeline Safety Emergency Response Training Program
Library Board Minutes – January, 2013
HSC Treasurer – Livestock Predatory Animal Fund Report
Airport Operations Report – January, 2013
Lander Area BLM – Resource Management Plan Revision Final EIS

The Commissioners reviewed the foregoing correspondence. No further action was required at this time.

Adjournment

There being no further business to come before the Board at this time, Mike Baker moved to adjourn. Chairman Basse declared the meeting adjourned at 3:35 p.m.

Attest:

_______________________________
Brad Basse, Chairman

_______________________________
Hans Odde, Clerk to the Board

KONE INC. 391.77 / CASPER STAR TRIBUNE 233.75 HOT SPRINGS VETERINARY CLINIC 172.00 / S & H GLASS, INC. 1,114.50 BRUCO, INC. 390.00 / D & D MACHINE, INC. 4,006.18 HOT SPRINGS COUNTY CPR CHAPTER 315.00 / GALLS, AN ARAMARK COMPANY 952.54 AFLAC (ACCOUNT #HW652) 685.27 / STATE OF WYOMING - A&I 32.30 AIT LABORATORIES 180.00 / ALLEGIANCE BENEFIT PLAN MANGT, INC. 39,776.12 ANITA WEISBECK 87.19 / ATLAS OFFICE PRODUCTS, INC. 98.18 BRESNAN COMMUNICATIONS 55.20 / BIG HORN WATER 110.00 / BIG HORN ENERGY 456.00 BILLINGS GAZETTE 429.42 / BLAIR'S SUPER MARKET 660.57 AMERITAS LIFE INSURANCE CORP, 522.40 / CASSIE NORSKOG 149.44 RED ROCK FAMILY PRACTICE 100.00 / THERMOPOLIS HARDWARE 48.92 CODY DIABETES TEAM 85.00 / COLONIAL SUPPLEMENTAL INS. 148.60 VERIZON WIRELESS 55.77 / VERIZON WIRELESS 48.79 / VERIZON WIRELESS 57.87 VERIZON WIRELESS 357.53 / VERIZON WIRELESS 47.97 / TERESA K. CORNELLA 454.21 CINDY MAGELKY 293.80 / KOERWITZ, MICHEL, 10,800.00 CROWLEY AIR SERVICE, LLC 4,935.78 / ECONO SIGNS LLC 1,124.86 FASTENAL COMPANY 12.48 / SHELL FLEET PLUS PROCESSING CENTER 80.42 PINNACLE BANK OF THERMOPOLIS 39,918.43 / FORENSICS LIMITED, LLC 160.00 MORTIMORE FUNERAL HOME 1,260.00 / GDA ENGINEERS 8,179.85 GOTTSCHE THERAPY REHAB WELLNESS 360.00 / GREENLINE EQUIPMENT, LLC 122.68 GRAYSON INDUSTRIAL COATINGS 2,200.00 / MOUNTAIN WEST BUSINESS SOLUTIONS 103.80 HANS ODDE 363.30 / BETH PRICE 119.95 / HIGH PLAINS POWER 96.06 HAMPTON INN & SUITES - BUFFALO 154.00 / HONNEN EQUIPMENT CO. WYO 160.53 HOT SPRINGS MUSEUM 45,000.00 / HOT SPRINGS CONSERVATION DISTRICT 19,000.00

HOT SPRINGS COUNTY HEALTH INS ACCT 61,757.57 HOT SPRINGS CO. SCHOOL DIST #1 3,267.98 / INDEPENDENT RECORD 1,506.08 INDOFF INC. 643.31 / ISABELLE M. WILLSON 54.26 / JADE HOUCHIN 45.00 JILL JACOBSON-LOGAN 750.00 / JOHN P. LUMLEY 237.86 / JOSH CONRAD 39.52 KATHY'S GROOMING 92.11 / KENT A. RICHINS 325.00 / MAJOR METAL 5,595.00 MARY A. GORDON 22.38 / MCGARVIN MOBERLY CONST. CO. 3,500.00 MEADOW GOLD BILLINGS 311.29 / MEL'S OK TIRE STORE, INC. 793.92 HOT SPRINGS COUNSELING SERV. 500.00 / MESSENGER & OVERFIELD 1,725.15 MOORE MEDICAL, LLC 8.04 / MOTOROLA SOLUTIONS, INC. 9,860.22 NIELSEN OIL CO., INC. 100.80 / NEWMAN TRAFFIC SIGNS 296.46 ONE STOP REPAIR & 39.70 / O'REILLY AUTO PARTS 43.60 / O'REILLY AUTO PARTS 12.18 THE OFFICE SHOP, INC 288.45 / OWL LUMBER INC. 178.92 OWL CREEK WATER DISTRICT 7,904.00 / ROCKY MOUNTAIN POWER 4,429.22 PERFORMANCE AUTO & GLASS 67.14 / PERFORMANCE AUTO & GLASS 79.84 PENNY T. HERDT 39.99 / PIZZA HUT 138.11 / PINNACLE BANK OF THERMOPOLIS 190.00 PINNACLE BANK OF THERMOPOLIS 2,215.00 / PLAINSMAN PRINTING & SUPPLY 877.51 POSTMASTER 494.80 / CENTURY LINK 651.92 / REESE & RAY IGA 73.59 GORRELL & HOPKINSON, P.C. 120.00 / RONALD P. JUROVICH 250.00 RT COMMUNICATIONS, INC. 2,061.81 / SEALS UNLIMITED, INC. 68.86 SHOSHONE OFFICE SUPPLY 653.34 / SHOPKO THERMOPOLIS 65.93 HOT SPRINGS CO SENIOR CITIZENS INC 16,525.95 / THE STANDARD INS. CO. 1,408.74 STEHLIN PLUMBING & CONTRACTING 156.00 STATE OF WYOMING GUARDIANS AD LITEM 2,559.17 / SYSCO MONTANA, INC. 1,480.73 TEAM LABORATORY CHEMICAL CORP. 164.75 / TEPEE POOLS 306.00 THOMAS L. BENNETT, M.D. 3,160.00 / TOWN OF THERMOPOLIS 1,004.20 TRANE U.S. INC. 68,251.50 / TRI COUNTY TELEPHONE ASSOC,INC 333.65 NORCO, INC. 222.57 / VERIZON WIRELESS 42.53 / VERIZON WIRELESS 32.45 VICKLUND PHARMACY 154.31 / VISA - CARD ONE 391.94 / VISA - CARD TWO 89.00 VISA - CARD FIVE 3,067.38 / VISA 191.83 / VISA 136.45 / VISA 153.57 VISA 331.74 / WCS TELECOM 12.35 / WEST PAYMENT CENTER 127.16 WINTER EQUIPMENT CO. INC. 923.89 / WIRELESS ADVANCED COMMUNICATIONS 12,933.81 WYOMING DEPT. OF WORKFORCE SERVICES 2,379.60 / WYOMING STATE BAR 78.00 WYOMING.COM 20.00 / WYOMING DIVISION OF 154.00 / ORCHARD TRUST COMPANY 5,079.26 WYOMING GAS 3,958.72 / WYONET INC. 227.90 / WYO RETIREMENT SYSTEM 22,698.04 036-NCPERS GROUP LIFE INS. 336.00 / WYOMING TECHNOLOGY TRANSFER CENTER 135.00

MINUTES OF COUNTY COMMISSIONERS MEETINGMarch 5, 2013

MINUTES OF COUNTY COMMISSIONERS MEETING
March 5, 2013