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Lovell , Wyoming
March 22, 2012     Lovell Chronicle
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March 22, 2012

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February 16, 2012 I The Lovell Chronicle I 19 ii bl t RHC Commis ion r'; minut r F h. 21. 2012 OFFICIAL MINUTES OF THE BIG HORN COUNTY COMMISSIONERS' REGULAR BOARD MEETING for February 21, 2012 Name: Big Horn County Commissioners Type of Meeting: Regular Place: Big Horn County Courthouse Date: February 21, 2012 Time: 9:00 a.m. Chairman: Jerold S. Ewen Members Present: Keith Grant, Thomas S. Hinman. Members Absent: None County Clerk: Dori Noyes Deputy County Clerk: Wendy Thulander Others present at various times: Karla Pomeroy, Basin Republican Rustler Meeting was called to order at 9:00 a.m., by: Chairman Ewen; followed by the Pledge of Allegiance._ Chairman Ewen recognized guests. Motion was made by Thomas S. Hinman; seconded by Keith Grant to approve the agenda. Motion passed unanimously. William Bridges. Pryor Mountain Engineering: William Bridges reported that the Davis Road and the Elk Creek Bridge, FEMA projects, were completed and in compliance. He also reported the Cold Springs Road project had been started last week with scheduling for the dirt work to begin in approximately two months. The surfacing will be done around June pt. The WYDOT Horse Creek gravel pit was discussed and William Bridges said he will keep WYDOT informed of the material taken and keep the pit in an orderly fashion. Mr. Bridges also said he wanted to have a little more time to review the WYDOT Bridge Inspection plans; however, they will be ready and submitted before the March pt deadline. Mr. Bridges said he would get together with Maria Eastman to see if there were any potential County projects which qualify for the Air Quality Grants. William Bridges recommends Road 9 or Douglas Lane as projects where there are large dust problems. Davis Road and Elk Creek Bridge Projects: William Bridges presented and recommended for approval a Certificate of Substantial Completion for the Davis Road Bridge Repair and also one for the Elk Creek Bridge Repair. Motion was made by Keith Grant and seconded by Thomas S. Hinman to sign two (2) Certificates of Substantial Completion, one (1) for the Davis Road Bridge Repair Project (No. PME-101102), and one (1) for the Elk Creek Bridge Repair Project (No. PME-101103). Motion passed unanimously. Horse Creek Pit: William Bridges presented a letter from Wyoming Department of Transportation pertaining to a materials agreement between Mr. Kelly Arnett and Big Horn County. This agreement allows the use of the Horse Creek Pit to remove approximately 3,000 CY of pit run material, and to crush & remove 5,000 CY of crushed base: Motion was made by Keith Grant and seconded by Thomas S. Hinman to approve and to allow Chairman Ewen to sign a contract between Mr. Kelly Arnett and Big Horn County. Motion passed unanimously. EPA/Brownfields Conference Call: Mr. Bridges said the Brownsfield conference call was cancelled. No Motion was necessary. Old Lovell Refinery: William Bridges said that County Attorney, Michelle Burns, was preparing a Quit Claim Deed for the Big Horn Pipe & Supply parcel. He said he would be moving forward with it and report back to the Commission. No Motion was necessary. Fair~ounds Drainage Issues: The Commissioners asked William Bridges and Maria Eastman to help the Fair Board research the Teal Grant for improving the highway frontage and highway access. No Motion was necessary. WYODOT Si2"ns: William Bridges reported the road signs would arrive by April 1% and all signs would be updated. He said advertising would begin this week, and expected to open up bids by March 15% No Motion was necessary. Commissioner Ewen requested William Bridges to talk with Jerry Denniston, asking him to get gravel crushed for the county roads. Commissioners Ewen and Grant indicated that they need cost per yard data to refer back to, which will insure that the county gravel crushing verses bidding out for the crushed gravel is cost effective. The Commissioners expressed the importance of their Departments being more accountable and tracking the work done on a daily basis. They want to know how much time it takes for each project to be completed as well as equipment and parts cost. Commissioner Ewen will talk with Jerry Denniston regarding expense tracking ideas. Commissioner Ewen also said the financial oversight is the responsibility of the Commission and he feels things need to be documented better. AIRPORTS: Shennard lease corresnondence: William Bridges said correspondence was sent to Sheppard's Attorney, Virgina Lee, but he had not received a reply to date. He said he would follow up and get a copy of the insurance on the leased area. No action required. B & G Onerations uodate: William Bridges said the C130 Operations Contract was pulled from B&G. He said the military doesn't want any more work done on C130's, due to cuts in the Department of Defense budget. This action was not due to any performance issues by B&G, Inc. He also said that B&G was trying to find more contracts & work. No action required. Authorization for IFE fee for South Airport Master Plaq: William Bridges discussed IFE Fees, towing services, a master plan for the airport, the airport manager marketing the airport, pilots lounge, and a Fixed Base Operator (FBO) Contract. Comriaissioner Grant asked how this might fit with the Airport Manager's position and felt it would be good to get Rick Patton to give some guidance. Commissioner Grant would like to see a Fixed Base Operator take over the fuel tank. William Bridges agreed the fuel tank should be in private hands. William said there was still $40,000.00 owed on the fuel tank loan and once paid off, then the transfer of ownership could be considered. He would move forward with Rick Patton on future plans for the South Airport and prepare a draft proposal. South Fuel Tank Coating Insnection: William Bridges said he was expecting quotes on the South Airport fuel tank coating. He said GDA submitted a fee schedule for the Greybull Master Plan & had FAA approve it. John Thompson said the fee for an independent analysis would be 82,500.00. Motion was made by Keith Grant and seconded by Thomas S. Hinman to approve CH2MHill to proceed with the independent fee analysis for the South Big Horn County Airport for the amount of $2,500.00. Motion passed unanimously. Snow Plo_~z_u_p__d&~: After finding a leak on the north airport snow plow, William Bridges reported it will cost $1,200.00 to fix. No Motion was necessary. FAA match increase on the re'ant: William Bridges said there was a match increase on the Grant for the north airport. He said he had reservations regarding the re-calculation of the grant funds. No Motion was necessary. 10:05 a.m. - Chairman Ewen called for a Session Break, resuming at 10:20 a.m: Dori Noyes, County Clerk. Marquerite Van Dyke and Carol Willard, Clerk's Deputies: Dori Noyes presented the advertised transfer of funds. Motion was made by Thomas S. Hinman and seconded by Keith Grantto approve the 2010-2011, Notice of Hearing #7 and Resolution #7. Motion passed unanimously. RF~OLIYrION 2011-2012 TF #7 (February 21. 2012) WHEREAS, it appears that by reason of unexpected requirements not reasonably foreseeable at the time the 2011-2012 budget was adopted, it will be necessary to transfer funds to the following budget: • $61,576.22 From unanticipated revenue (Federal Funds) to 104710-755-300 EEGBG Retrofit II Grant • $10,000.00 From cash reserve (County Funds) 10- 4-951-980-000 to 10-4-901-267-000 Jail Refinancing • $34,250.44 From unanticipated revenue ((Federal Funds) to 10-4-480-615-300 Title V Grant AND WHEREAS, due notice of the intention to make such transfer has been published as required by law, no objections have been made thereto; BE IT THEREFORE RESOLVED, that the amount be transferred to the funds designated. Dated this 21st day of February, 2012: BOARD OF COUNIY COMMISSIONERS Big Horn County, Wyoming Attest: /s Dori Noyes, Clerk of the Board /s Jerold S. Ewen, Chairman /s Keith Grant, Member /s Thomas S. Hinman, Member Marquerite Van Dyke and Carol Willard presented the current Big Horn County Accounts Payable and Payroll for approval. Motion was made by Thomas S. Hinman; seconded by Keith Grant to allow the bills. Motion passed unanimously: A I M, INC. 1,534.34 / ALSCO 45.53 / AMERICAN WELDING & GAS INC. 20.46 / BOB BARKER COMPANY, INC. 62.79 / BASIN REPUBLICAN RUSTLER 72.00 / TOWN OF BASIN 571.06 / MATFHEW BENDER & CO., INC. 143.19 / BIG HORN CO-OP MARKETING ASSN 2,151.93 / BURLINGTON CAR CARE 165.01 / MICHELLE M. BURNS 1,086.69 / CARQUESTAU'I~) PARTS 13.06 / CK HARDWARE 8.97 / CMI-TECO 420.24 / CODERED TACTICAL 3,556.69 / COMMERCIAL SERVICE HVAC 9,500.00 / COMPUTER SOFD/VARE ASSOC. 150.00 / COUNTY CLERK 7.00 / L. N. CURTIS & SONS 1,752.61 / DEPARTMENT OF EMPLOYMENT 53.36 / JERRY EWEN 1,032.47 / FIRST BANKCARD 402.50 / FLEET SERVICES 3,364.43 / FREMONT MOTOR CO. POWELL 16,495.14 / KRISTINE GODFREY 44.00 / HSBC BUSINESS SOLUTIONS 145.77 / I-STATE TRUCK CENTER 52.03 / IBM CORPORATION 328.00 / JOHN R. HALEY IV 86.28 / K.D. DRAPERIES 26.97 / BRIGITA S. KRISJANSONS 353.16 / LAIRD SANITATION 130.00 / LAWSON PRODUCTS, INC. 329.43 / TOWN OF LOVELL 350.00 / MASTERCARD 382.21 / MAYES BROTHERS LLC 68.25 / MCINTOSH OIL COMPANY 6,672:71 / MIDWAY CLINIC 818.85 / KRIS1Ar MICHAELS 30.00 / MINCHOW'S SERVICE 6,657.54 / MONTANA-DAKOTA UTILITIES 533.63 / MURDOCH OIL, INC. 423.57 / NORCO 72.25 / NORMONT EQUIPMENT COMPANY 81.64 / NORTH BIG HORN SENIOR CITIZENS 150.00 / DORI NOYES 8.03 / O'REILLY AUTO PARTS 18.98 / THE OFFICE SHOE INC. 1,773.67 / PAMIDA PHARMACY 27.96 / PITNEY BOWES 93.33 / QUILL CORPORATION 848.62 / RED APPLE SUPERMARKET 31.52 / ROCKY MOUNTAIN POWER 2,119.66 / RON'S FOOD FARM 149.51 / RANDY L. ROYAL 67.50 / SAFARILAND 85.32 / SELBY'S 176.02 / DALLEN SMITH 90.75 / SOUTH BIG HORN SENIOR CITIZENS 463.35 / TECHNICAL FORESTRY SERVICES 7;017.08 / TCTWEST, INC. 2,903.64/TRACTOR& EQUIPMENT CO. 14,087.07 / VALLEY HARDWARE 277.08 / FRED WERNER 70.66./WILSON BROS. CONSTRUCTION, INC 86,427.00 / WORLAND CLEANERS & SUPPLY 93.60 / WYOMING ASSOCIATION OF FAIRS 50.00 / WYGEO 20.00 / WYOMING DEPARTMENT OF AGRICULTURE 25.00 / WYO DEP'E OF HEALTH 295.00 / WYOMING GAS 2,787.83 / UWCES 78.50 Nicol Kramer-Oil and Gas Attorney. lohn Frentheway-B,H,C, Denuty Attorney. Deb McKim-Indenendent Land Consultant and Becky_ Lindsey. Treasurer: Commissioner Ewen made a conference call to Nicol Kramer at 10:50, for an update on the Schneider Oil Well and to discuss the BLM proposal. Nicol Kramer gave an update on the Well and said Devon was not aware they owned this well until they got documentation. The BLM proposed that Devon sell the oil and 12% percent would go to the Federal Government and the rest would go into the Federal Royalties Account. Nicol said it appears the ouly Judgment on the Schneider Well is with Big Horn County and she said the county should be entitled to some of the claim. Nicol recommended that Deb McKim do the title search, Deb thought that Devon should conduct their own rifle search and not have the county pay a person to do so. Deb said if the commissioners ask her to do the search; she would not able to certify it and would have to rely on John Frentheway or Michelle Burns to do so. Nicol said Devon wanted to move the 0il to a tank they could monitor. John Frentheway asked Nicol of any other legal questions that need to be resolved. Nicol said there could be questions regarding: other parties entitled to oil, the unpaid severance taxes, county taxes and whether the over riding royalty owners may have entitled status. She said the taxes are superior, and the Federal Government has superiority over the County. Nicol said Devon is not interested in operating the Well. Commissioner Grant said there is another company interested in the Well. There was further discussion of B:H.C. having leverage by ability to negotiate the tax liability. Becky Lindsey told the commissioners that Koch Exploration, out of Inglewood Colorado, paid 830,000 towards the Elk Creek Well Lease. John Frentheway drew up a release of liability and the commissioners signed and released the Elk Creek Well only Motion was made at 11:34 a.m. by~ and seconded by ~ to go into Executive Session. Motion passed unanimously. Chairman Ewen called for Regular Session to reconvene at 11:47 a.m. Motion was made by~ and seconded by Thomas to ask Nicol Kramer to request a draft Order from BLM, which will be reviewed by John Frentheway and Deb McKim prior to making any further decisions. Motion passed unanimously. Ruth ZeUer. BHC Weed and Pest Supervisor: Ruth Zeller presented the Big Horn County Weed and Pest Annual Report to the Commissioners. She also discussed areas of concerns: • Grasshoppers, a big issue and the management practices she plans to implement. She spoke of additional funding she can get from the state. • Infestation of Yellow Toad Flax around West Ten Sleep She expressed how fortunate she was to have a great staff, seasonal crews, and Board Members to work with at the B.H.C. Weed and Pest. Chairman Ewen called for a Lunch Break at 12:05 p.m. Motion was made by ~ao/ll&~kt[iIln~n; seconded by to adjourn for lunch. Motion passed unanimously. Chairman Ewen called for Regular Session to reconvene at 13:00 p.m. Maria Eastman. Grants Administration: Maria Eastman presented the following for signatures: Request for Reimbursement Retrofit II Phase 2: Maria Eastman presented the Request for Reimbursement Retrofit II Phase 2 Request No. 7-Draw Down Request Form for the reimbursable amount of $7,840.00 to be signed by Chairman Ewen. No Motion was necessary. Request for Reimbursement North Road & Brid~e Door: Maria Eastman presented the Request for Reimbursement North Road & Bridge Door-Grant Draft Request #1 for the SLIB amount of $3,402.00 to be signed by Chairman Ewen. No Motion was necessary. Maria Eastman gave an update on her Homeland training in Casper. She learned about the "Curve Analysis" and how it is the first thing to do in determining the success of a grant. Homeland Securi_ty Grant Proposals-Hazard Mitigation ~:s?alI_PJ:atam~: Maria Eastman said she and John Hyde would be trying to get the proposals for the Hazard Mitigation Grant Program in by the March 31St deadline, or the Pre-Hazard Mitigation Grant Program deadline in the Fall. Fair Board Multi-nuroose Arena: Maria Eastman said she will need to get a new Joint Resolution prepared to be signed by the Commissioners and the Mayors. Grant Management Training in Cheyenne March 6~ & 7t__hh: Maria Eastman advised the Commissioners she would not be attending training in order to work on the HMPG Proposal. She said she would get together with William Bridges to discuss the Air Quality Mitigation Grant and Teal Grant which she hasn't had an opportunity to review yet. Ms. Eastman then advised that she spoke with Jason Beal and wasn't sure if the County will be in receipt of the VOA Grant, or not. Chairman Ewen asked Maria Eastman to assist the B.H.C. Senior Citizens Board in obtaining a Grant for items they said needed to be replaced at their Center atthe previous meeting. He said he would contact the Senior Citizen director to discuss their needs. Maria Eastman said she would need a proposal of projects from the Senior Citizen Board but would assist them in getting funding. Fred Werner, BHC Operations Manager: Fred Werner presented to the Commissioners his revised Fair Grounds Maintenance Budget. He hired a new person who will start the first week of March for the open position in his department. He said he will try to keep the overall maintenance costs down. He expressed the need for an 8" meter-line to go through the Fairgrounds to insure adequate fire suppression for the arena. These issues will be for future discussions. Mr. Werner asked for $35,000.00 out of Cash Reserve to add to his maintenance budget to cover immediate fair ground needs by March 5% when the new employee starts working. Motion was made by Keith Grant and seconded by ~ to approve $35,000.00 out of Cash Reserve for the fairgrounds maintenance budget. Clerk will need to advertise this amount to be followed by a public hearing. Motion passed unanimously. Mark Garrison: Mark Garrison told the Commissioners his company works with the Park Service to run Horse Shoe Marina, offering dinner cruises. Even though he is just at the informational stage, he wanted to inquire with the Commissioners about obtaining a new malt beverage license and wine license for his business. Dori Noyes told him to prepare an application and she provided a phone number of the state liquor division so he could contact them for more information. The Commissioners encouraged Mr. Garrison to continue researching and pursuing the beer and wine licenses with the State. Chairman Ewen said they were supportive of bringing in the tourism. Mr. Garrison said he would keep in touch with Dori Noyes and the Commissioners. Dori Noyes, County Clerk: Dori Noyes presented the draft Minutes for February 7, 2012. Motion was made by Thomas S. Hinman and seconded by Keith Grant to approve the February 7, 2012 Minutes as amended. Motion passed unanimously. Jim Waller. BHC Land Planning: Jim Waller presented and reviewed the P&Z Minutes. He said the board meetings will be kept in Basin or rescheduled as needed: CowboyWood Products. Inc. reouest for salvage license: Jim Waller presented a letter regarding Cowboy Wood Products request for a salvage license. He advised that WYDOT requires proof of zoning and we would provide a letter stating that this location is not in an area covered by a zoning resolution. The Commissioners requested Mr. Waller to re-word the response letter prior to the Commissioners signing it. Motion was made by Keith Grant; seconded by Thomas S. Hinman for Chairman Ewen to sign the revised letter at a later date, which will state the County has no zoning in the specified area. Motion passed unanimously. Certified Subdivision Regulations: Jim Waller presented the Certified Subdivision Regulations and advised the Commissioners they needed to be accepted at this time and advised them that the Commissioners are required to set and advertise a hearing date following a required comment period. Jim Waller said he will review the advertising time and other items in the approval process with Dori Noyes. Motion was made by Thomas S, Hinman; seconded by Keith Grant to receive the up-dated Certified Subdivision Regulations and begin the process of officially adopting the new regulations..Motion passed unanimously. Jim Waller presented his job description and said he will need to add additional responsibilities acquired during his time on the job. Jim Waller reassured the Commissioners that Stefanie and Nick will continue to see that subdivision applications move forward. Mr. Waller reiterated the importance of making sure that subdivision planning and septic permitting are handled in a timely fashion and recommended that his position be filled very quickly. He ended by telling the Commissioners that Big Horn County is ahead of the curve on getting its soil surveys done, information which is now available on Web Soil Survey. Gina Anderson. BHC Assessor-GIS in the Assessor's Office: Gina Anderson presented key points supporting her desire to move agricultural classification and parcel maintenance, including the associated software license, to the department of the Assessor. She said it is the duty of the Assessor's office to classify agricultural land which make up a huge percentage of the parcels in Big Horn County, and it is also the duty of the Assessor to maintain the division and combination of parcels. Ms. Anderson pointed out that her office already takes care of this task on the hard copy maps, and that she has employees in her department who are eager to take on the additional GIS responsibilities. Jim Waller and Gina Anderson said they will discuss how to move forward with set-up of moving the parcel maintenance over to the Assessor's office from the Land Planning Department and will report back to the Commissioners. Old Business: • Follow-up on request from WYDOT regarding Bridge Foundation inspections; • Review correspondence from Virginia Lee, Esq. regarding Potential Windstorm Hazard to Harold Sheppard's aircraft; • State Surplus Designation: Motion was made by ~oA]~t[~2~; seconded by ~ to approve Gina Anderson, Becky Lindsey, and Dori Noyes to the State Surplus Designati0n Res61ution. Motion passed unanimously. • Amended'c0nflict of interest statement by Sheriff's Dept. for signature; • Review BHC Flag Entry: Action taken: All items were reviewed. Chairman Ewen will draft an idea for the Flag. New Business: • Sign Official Commissioners' Journal: Action taken: The Commissioners signed the Official Commissioners' Journals. • New Correspondence Received by Commissioners: Correspondence from 2012 Big Horn County Planning and Zoning Board; Correspondence from Off~ce of State Lands and Investments. Action taken: None. 3:50 p.m.: Walk-In presentation by Becky Lindsey, BHC Treasurer: Becky Lindsey presented the estimated cost of setting up an on-line payment feature, cost to be between $2- $4 thousand dollars, and recommended that this be approved. Motion was made by Keith Grit; seconded by ~ag/ila~.q~[inma~ to approve the implementation of an on-line system to enable Big Horn County residents to pay for the current year's taxes on-line. Motion passed unanimously. For the Good of the County and For General Discussion: Items provided to Commissioners for review: • Financial Statements: Big Horn County Family Treatment Court, Inc.-June 30, 2011 and 2010. • Monthly Report(s) Review: • Prepared Correspondence, Minutes, Reports, Misc.: Big Horn County Public Health Nursing Service, January 2012; Big Horn County Library Board Minutes, January 10, 2012; Big Horn County Weed & Pest Control District Minutes, February 14, 2012; Big Horn County Weed & Pest Control District Supervisor's Report, January, 2012; Big Horn County Planning and Zoning, January 10, 2012. • Bonds; Misc.: Bob Mangus/Bookeeper, Fire Dist #1 Lovell-Two Thousand Dollars ($2,000.00); Dusfin Reuter/ Commissioner, Dearer Irrigation District-Two Thousand Five Hundred Dollars and no cents ($2,500.00); John E. Wambeke/Commissioner, Deaver Irrigation District-Two Thousand Five Hundred Dollars and no cents ($2,500.00). • Cancellation of Taxes: Ernest L. & Iona E Smith, Years-2007, 2008, 2009, 2010 and 2011, Parcel #52-93-017-00143, Two Hundred Forty-One Dollars and nine cents ($241.09), moved, seconded by ~; all in favor and the motion carried to adjourn the February 21, 2012, Regular Session Meeting at 4:04 p.m. The Board will meet in Regular Session on March 6, 2012. STATE OF WYOMING ) ) COUNTY OF BIG HORN ) I, Wendy Thulander, Deputy County Clerk/Executive Assistant, and Dori Noyes, County Clerk and Ex-Officio of the Board of the County Commissioners, do hereby certify the above and foregoing to be a full, true and complete copy of proceedings had by board at its last meeting on F2~al~ff3~0.,2D2~ Board of County Commissioners Big Horn County, Wyoming /s Jerold S. Ewen, Chairman /s Keith M. Grant, Member /s Thomas S. Hinman, Member Attest:/s Dori Noyes, County Clerk, Clerk of the Board Attest: /s Wendy Thulander, Deputy County Clerk/Executive Assistant to BHC Commissioners Publish: March 22, 2012 I