February 16, 2012 I The Lovell Chronicle I 19
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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
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