April 19, 2012 I The Lovell Chronicle I 15
Rig Horn County Commi. _ ion r'_ minut . March 20. 2012
MINUTES OF THE BIG HORN COUNTY COMMISSIONERS'
REGULAR BOARD MEETING for March 20, 2012
Name: Big Horn County Commissioners
Type of Meeting: Regular
Place: Big Horn County Courthouse Date: March 20, 2012
Time: 9:00 a.m.
Chairman: Jerold S. Ewen
Members Present: Keith Grant, Thomas S. Hinman.
Members Absent: None
County Clerk: Dori Noyes and Deputy County Clerk: Wen@
Thulander
Others present 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 Keith Grant; seconded by Thomas S.
Hinm~ to approve the agenda with one addition: (1) Schneider Well
discussion. Motion passed unanimously.
Jerry Denniston and Rod Wambeke, Road and Bridge
Departments and William Bridges, Pryor Mountain Engineering:
Cold Springs Road Update: William Bridges said building of the
road base was almost done. The contractor reported that one section
has no pit run under the asphalt and needs to be built up, which will
add about $38,000 to the contract. Half that amount will come out of
the County Road Fund, the other half will come out of the Road Fund
Cash Reserves. He said he will get DoN Noyes a letter of request to
amend the budget.
Jerry Denniston and William Bridges met to discuss road issues,
including drainage problems on Douglas Lane Road and citizen
complaints reported to Commissioner Ewen. Willie was directed to
meet with Kelly Arnett and Ron Bourke to look at flooding concerns
connected to raising the height of the Douglas Lane Road, which
Jerry Denniston said was necessary due to the advanced deterioration
of the road bed, which had become so bad that county trucks were
getting stuck in the road.
Horse Creek Pit Update: Jerry Denniston said he has been
getting pit run from there.
William Bridges was asked to get bids from contractors for
crushing gravel in the Horse Creek Pit. Jerry Denniston would like
to see that contracts are received and approved for any crushing
done for the county by contractors. Motion was made by Keith Grant;
seconded by Thomas S. Hinman; to allow Chairman Ewen to sign
a contract out of session, for the gravel crushing. Previous to the
signing of the contract, the engineer is to review the bid contracts and
make a reccomendation.
High Risk Rural Road Sign Project: William Bridges presented
the sign installation bid results. He recommended the lowest bidder,
Tommaron, Inc. Motion was made by ~BI~; seconded
by Keith Grant: to offer the bid to Tommaron for the contract amount
of One Hundred Fifty-Eight Thousand Two Hundred Eighty-Five
Dollars no cents. Motion passed unanimously. The Notice of Award
was signed by Commissioner Ewen.
Rocky Mountain Power Utility Easement: William Bridges said
this project was located on the Greybull Senior Center property.
Motion was made by ~gJ]a~; seconded by
to grant the underground right of way easement to Rocky Mountain
Power and assign an easement for construction on a portion of land
found within Lot 56 of Township 52 North, Range 93 West of the Sixth
Principal Meridian. Motion passed unanimously. The Underground
Right of Way Easement was signed by Commissioner Ewen.
William Bridges said he would be in Casper for training during
the next Commissioners' Meeting. Jerry Denniston said he had
nothing more to discuss with the Commissioners and left the meeting.
~____RP_O_R__T~: William Bridges, Pryor Mountain Engineering:
William Bridges said the snow plow was being delivered on the south
end today. He also said the Merchants Bonding Company letter was
just an informational form and gets passed onto GDA to handle.
South Biu Horn County Airport: William Bridges presented a
Request for Reimbursement of State Funds for Airport Improvements,
State Project No. GEY-07B, Payment Request No. 2. The Request for
Reimbursement Of State'Funds for Airport Improvements was signed
by Commissioner.t~wen.
South Airport Water Users Request: William Bridges presented a
document from the Airport Water Users Association. Motion was made
by ~ and seconded by ~ to pay to the
Association a one-time cash fee of $1000.00 to retire their outstanding
debt so the South Airport Water Users can turn the domestic water
system over to the ownership of the Town of Greybull. Motion passed
unanimously. The agreement was signed by Commissioner Ewen.
William Bridges will get back to the clerk on specifics for a budget
amendment.
Fuel Station Agjeement= William Bridges said that the inspection
showed that the tank needed to have the entire inside of the tank sand
blasted. The cost could run between $!3,000 to $15,000 dollars. He
wants to get other quotes on the repair options.
I z Agr ell lI: William Bridges said the draft agreement for
the fuel station take-over hasn't been reviewed by B&G. He is working
to coordinate the fuel agreement with the FBO agreement. As soon
as the draft is ready he will send it to the Commissioners for review.
~ae,~:fi]~: William Bridges said he had sent a letter out,
but hadn't heard back from Sheppard's attorney yet.
Dori Noyes, BHC County Clerk, said she had no transfer of funds.
9:45-Chairman Ewen called for a Session Break. Meeting
resumed at 9:50.
Becky Lindsey, BHC Treasurer reported that, as requested by
Commissioner Grant, John Frentheway had contacted the BLM's
attorney regarding the removal of stored oil on the Schneider well
lease. She said Devon's attorney, Rob Mattis, proposed revisions to
the agreement between Devon and Big Horn County. Commissioner
Ewen asked Becky Lindsey to request that John Frentheway contact
Devon again to advise that the matter needs to move forward ASAP
because the tank is leaking.
Commissioner Grant is concerned because the County was
ready to take care of all of this months ago, and now with all these
delays on everyone else's part, he doesn't want the County to have to
be responsible to clean-up any spills.
Becky Lindsey said she would speak with John Frentheway and
report back.
Old Business: Commissioner Ewen said he wanted the
Commission to send a letter to Legacy Reserves regarding Sage Creek
Well #1. Motion was made by ~ and seconded by
to approve and sign the letter to Legacy regarding Sage
Creek Well #1. Motion passed unanimously. The letter was signed by
Commissioners Ewen, Grant and Hinman. Doff Noyes will send the
letter to Legacy.
Becky Lindsey and John Frentheway returned to the meeting
and spoke to the Commissioners regarding the Schneider Well and
the.leaking tank. John Frentheway said he is working on getting the
issue resolved as quickly as possible. He hadn't heard back from
Devon's attorney regarding an account to hold the funds, or how the
money is to be disbursed after the sale of the stored oil.
John Frentheway said he doesn't want anything to be executed
until all of the contracts are completed, compiled, and reviewed. He
said that BLM stopped the process back in December. He said that
when Devon's attorney, Rob Mattis, gets the agreement prepared,
then things can move forward. Keith Grant will ask Mike Stewart,
BLM to contact Rob Mattis.
Accounts Payable: Marquerite Van Dyke and Carol Willard
presented the current Big Horn County accounts payable and payroll
for approval. Motion was made by ~aamas~5~[iaI~; seconded by
to approve & pay the bills and payroll. Motion passed
unanimously. A-1 SANITATION 35.00 / ALSCO 45.53 / AMERICAN
WELDING & GAS INC. 20.30 / AMERI-TECH EQUIPMENT CO.
6,296.73 / BASIN REPUBLICAN RUSTLER 77.00 / TOWN OF BASIN
920.40 / MATTHEW BENDER & CO., INC. 143.19 / BIG HORN
AUTO PARTS, INC. 109.99 / BIG HORN CO-OP MARKETING ASSN
2,265.42 / FIRE PROTECTION DIST. #5 91.00 / BIG HORN RURAL
ELECTRIC CO. 492.57 /TIMOTHY J BLATI" 52.80 / BURLINGTON
CAR CARE 115.43 / CARQUEST AUTO PARTS 1,235.76 /
TERESA MARIE CALDwELL 648.00 / COMMUNICATION
TECHNOLOGIES, INC. 832.50 / COUNTY CLERK 1,600.00 / CRISIS
EDUCATION SYSTEMS LLC 674.00 / DASH MEDICAL GLOVES
359.40 / DOUBLE R SERVICE 1,652.08 / FIRE PROTECTION
DISTRICT #3 85.15 / FIRE PROTECTION DISTRICT #4 170.30
/ FIRST BANKCARD 152.00 / FLEET SERVICES 2,921.09 / FIRE
PROTECTION & SAFETY 1,227.00 / GORRELL & HOPKINSON
EC. 3,446.51 / STEFAN F & TRACY A HARPER 15.00 / JASON
HOUSE 251.00 / JOHN R. HALEY IV 236.63 / KEELE SANITATION
120.00 / BRIGITA S. KRISJANSONS 284.75 / LAIRD SANITATION
130.00 / LEXIS NEXIS 499.00 / LOCAL GOVERNMENT LIABILITY
POOL 44,654.00 / LOVELL CHRONICLE 60.00 / LOVELL POLICE
DEPARTMENT 501.00 / MCS OFFICE PRODUCTS INC. 54.53
/ MARK'S REFRIGERATION 149.97 / KRISTY MICHAELS
30.00 / MINCHOW'S SERVICE 7,932.62 / MONTANA-DAKOTA
UTILITIES 502.55 /MOTION INDUSTRIES 842.06 / MURDOCH
OIL, INC. 730.43 / N-COMPLIANCE SAFETY SERVICES, INC.
1,125.00 / NORTH BIG HORN HOSPITAL 346.00 / NORTH
BIG HORN SEARCH & RESCUE 1,428.11 / NORTH BIG HORN
SENIOR CITIZENS 983.33 / THE OFFICE SHOE INC. 2,005.05 /
OVERLAND EXPRESS MART 202.17 / PATRICK CONSTRUCTION,
INC 198,125.00 / PERSONNEL CONCEPTS 136.85 / PITNEY
BOWES 93.33 / PROFORCE LAW ENFORCEMENT 2,238.75 /
QUILL CORPORATION 690.12 / RADIOLOGY INTERPRETATION
SERVICES 105.00 / RED APPLE SUPERMARKET 35.55 / JAMES
REILLY, PC. 35,000.00 / RIVERBEND PLUMBING & HEATING
11,900.00 / ROCKY MOUNTAIN POWER 1,197.60 / RON'S
FOOD FARM 140.71 / RANDY L. ROYAL 105.00 / RURAL FIRE
PROTECTION DIST. #1 216.30 / RURAL FIRE PROTECTION DIST.
#2 157.00 / SAINT VINCENT HEALTHCARE 355.26 / GEORGE
T. SANDERS COMPANY 94.98 / SELBY'S 175.17 / SHOSHONE
OFFICE SUPPLY 10.58 / DALLEN SMITH 23.10 / SOUTH BIG
HORN COUNTY HOSPITAL DIST 6,682.12 / SOUTH BIG HORN
SENIOR CITIZENS 1,465.77 / LEONARD SVEE 72.50 / TCT
WEST, INC. 2,950.25 / TRACTOR & EQUIPMENT CO. 1,647.52 /
TRAVELING COMPUTERS, INC. 10,921.38 / VAISALA INC. 955.00
/ VALLEY HARDWARE 165.24 / WALKER'S SERVICE 89.75 /
WHEELER'S IGA 9.17 / WYOMING CORONER'S ASSOCIATION
75.00 / WYO DEPT. OF HEALTH 295.00 / STATE OF WYOMING
3,016.20 / WYOMING COUNTY TREASURER'S ASSN. 100.00 /
YOUNGS 25.37 / GARY BRINK INC. 47.03
Old Business: Flag Project: Commissioner Ewen said Big Horn
Engraving in Lovell has the flag information and will prepare a draft.
Commissioner Grant agreed that they should finalize the flag project
with Big Horn Engraving.
Update of Old Lovell Refinery: William Bridges (Pryor Mountain
Engineering), Michelle Burns (BHC Attorney), and Becky Lindsey
(BHC Treasurer) provided an update on the acquisition of a small
piece of privately owned land within the boundaries of the Old
Lovell Refinery site. DEQ and EPA recommended that the land be
transferred to the county prior to any cleanup project. Michelle Burns
said the company no longer exists and recommended a quiet title
action to be filed by the County. William Bridges also recommended
the purchase of land and the transfer of the property into the county's
name. William Bridges said he believes EPA will do more clean-up
testing of the remediation site. He felt if this site was transferred into
the county's name then it will be included in the EPA cleanup. If it is
not in the county's name, then it won't be included: Motion was made
by Ki~ and seconded by Thomas S. Hinman: to authorize
Michelle Burns to move forward in acquiring a quiet title transfer.
Motion passed unanimously
William Bridges recommended that Stefani Padilla attend the
Brownfields Program Training at the end of April with Maria Eastman.
The Commissioners agreed by consensus.
Chairman Ewen discussed the Land Planner's Job Description.
He will update the description so it can be advertised and placed on
the County's web-site. Dori Noyes will handle the advertising and will
take the calls and address inquiries for the Land Planner applicants.
11:23-Chairman Ewen called for a Session Break. Meeting
resumed at 11:30.
Gwen Nelson, Sheriff Deputy, USFS Contracts: Gwen Nelson
had contracts for review and approval, but said that Michelle Burns,
Big Horn County Attorney, had not yet reviewed them. Motion was
made by Keith Grant: and seconded by Ihga~ to have
Chairman Ewen sign the Contracts contingent on approval by the
county attorney. Motion passed unanimously.
Stefani Padilla and Nick Wilson, BHC Land Planning Dept.:
Stefani Padllla and Nick Wilson presented updates regarding the
land planning dept. He also presented the P & Z Minutes to the
Commissioners.
Commissioner Ewen asked Nick Wilson about the status of GIS
work. Nick Wilson said he is keeping up with modifications and minor
L changes. He said the office was~gettingbusier. :
11:56 - Chairman Ewen called for a lunch break. Motion was
made by ~ag/ll~; seconded by ~ to adjourn for
lunch. Motion passed unanimously.
13:00 - Chairman Ewen called for Regular Session to reconvene.
Maria Eastman, Grants Administration, and Aaron Kania, BHC
Landfill Board: Aaron Kania discussed the preliminary stages of
seeking a grant to help pay for balers at the landfill and asked for
the assistance of the county Grants Department. Commissioner
Grant requested that Aaron Kania first assemble an estimated cost
for the project. Maria Eastman said she would commit an hour
today to attend the informational meeting for the landfill upstairs.
Commissioners approved by consensus for Maria to be present for
the initial discussion.
Maria Eastman and Fred Werner (BHC Operations
Manager) gave an update on the Retro-Fit Phase 2 roofing project.
Commissioners were advised there will be funds remaining and they
would like to request a letter to the Wyoming Business Council asking
for those funds to be redirected to an energy-saving project to replace
the Courthouse exterior lighting. Motion was made by Thomas S.
and seconded by Ke~ to move forward with the roof
repair, and to make a transfer of budget funds in the mount of $8,625,
for the new project. Motion passed unanimously. The Commissioners
signed the letter to the Wyoming Business Council.
Maria Eastman presented the following for signatures:
Retro Fit II Boiler Project: Maria Eastman presented the Request
for Reimbursements #9 and #10 to be signed by Chairman Ewen.
Firewise Pro~am RFR: Maria Eastman presented the Firewise
Program RFR #1, #2, #3, and #9 to be signed by Chairman Ewen.
Maria Eastman asked the Commissioners to authorize her
to attend the Brownfields Workshop in Laramie on April 24-254.
Commissioners agreed by consensus.
Big Horn County Library IT Request: Julia Kelso, BHC Librarian,
asked the commissioners if the Library could get on the county's IT
plan to help the library keep costs down. Commissioners agreed by
consensus. Dori Noyes will request that Traveling Computers put the
Library on the county plan.
North Big Horn County Senior Center:. Dori Noyes advised the
commissioners that a new lease is being developed for the North and
South Senior Centers. Commissioners tabled the item until Michelle
Burns has approved the new lease agreement.
The Cooperative Law Enforcement Annual Operating Plan &
Financial Plan was presented to the commissioners for approval.
Motion was made by Keith Grant; and seconded by Thomas S.
Hinman" to sign the Cooperative Law Enforcement 2012/2013 Annual
Operating Plan & Financial Plan between the Big Horn County
Sheriff's Office and the USDA, Forest Service BigHorn National
Forest. Motion passed unanimously.
13:50: Chairman Ewen called for short break. Meeting
reconvened at 2:00 p.m.
John Hyde, Big Horn County Emergency Management
Coordinator: John Hyde presented a budget request to fund an
emergency notification system for Big Horn County. The deadline to
submit a letter of support and grant application is the end of March.
Motion was made by Keith Grant: and seconded by Thomas S. Hinman:
to sign the letter of support and proceed with the grant application,
with the caveat to do more research on the existing telephone system
before actually accepting the grant. Motion passed unanimously. Dori
Noyes will prepare the letter of support to be signed by Commissioner
Ewen.
John Hyde also said that the Road & Bridge may need a few
radios updated to narrow-band, which may be another funding issue
that will be coming up in August. Commissioner Ewen said he wanted
Jerry Denniston and Rod Wambeke to do a radio inventory for John.
Motion was made by Keith Grant: and seconded by Thomas
S. Hinman; to go into executive session regarding personnel policy
issues. Motion passed unanimously.
15:15: Chairman Ewen reconvened regular meeting.
Motion was made by Keith Grant= and seconded by Thomas S.
to allow an employee to transfer to another office/department
without the loss of seniority or benefits and to consider updating the
personnel policy for future clarification. Motion passed unanimously.
Dori Noyes presented a letter from the State of Wyoming Liquor
Division reg~ding their denial of a retail liquor license renewal. After
discussion and a recommendation by the clerk, Motion was made
by Thomas S. Hinman: and seconded by K__e_ith__G_r_~_~ to approve
the clerk's letter advising Wayne and Holli Jones to apply for a
new liquor license instead of applying for a renewal of the old one.
Commissioners will hold the available license through the advertising
period for consideration at the public hearing. They agreed to keep the
Jones liquor license status due to unforeseen delays in the scheduled
opening date of their business. Motion passed unanimously.
Airport Manager Position update: Chairman Ewen will schedule
one more interview for Friday, March 23, 2012, for consideration in
the Airport Manager position.
Marquerite Van Dyke and Carol Willard presented revisions to
the County Personnel Policy Handbook. Motion was made by Keith
Grant; and seconded by Thomas S. Hinman" to approve the updated
Personnel Policy. The clerk's office will place the new Policy on the
web site. They will also get signatures from all employees to verify
that county employees have received the new Policy Handbook.
Motion passed unanimously.
Dana Sander-Northwest Wyoming Off-Highway Vehicle Alliance:
Dana Sanders presented an update of the Big Horn County BLM
OHV Staging Area Grant proposal and project. He asked for a letter of
support from the Commission so he could begin the grant application.
Commissioner Ewen wanted make sure that the tax payers would not
assume any of the project cost liability. Dori Noyes will draft a letter of
"approval & support" for Chairman Ewen to sign. Chairman Ewen will
be the designated contact person.
Dori Noyes presented the March 6, 2012 draft minutes for
approval. Chairman Ewen noted that they were still in draft form and
tabled the approval until the April 3 meeting.
Dori Noyes presented the Memorandum of Understanding
(MOU) for Public health Nursing Services between Wyoming
Department of Health and Big Horn County as approved by Michelle
Burns, BHC Attorney. Motion was made by ~ and
seconded by Keith Grant: to approve and sign the (MOLl) as drafted.
Motion passed unanimously.
The Commissioners discussed the personal use of countyvehicles
by employees during or outside of business hours, including the use
of county vehicles to transport family members. Dori Noyes and
Marquerite Van Dyke advised the commission that the new version of
the handbook prohibits the use county vehicles for personal business
because LGLE the liability insurance carrier for the county, has stated
that non-employees are not covered by LGLE.
For the good of the county and or general discussion: Items
provided to commissioners for review:
• Financial Statements: Statement of Earnings and Collections
(2/28/2012), Kenneth G. Blackburn, BHC Sherriff's Office.
• Monthly Report(s) Review: Big Horn County Public Health
Nursing Service; BHC Weed & Pest-Cliff Winters; BHC Weed &
Pest-Ruth Zeller.
• Prepared Correspondence, Minutes and Reports, Misc.: Audit of
School District Funding Model, June 30, 2010; Denial of Renewal
Retail Liquor License from WY Liquor Division; Byron Solid
Waste Disposal District- Board of Directors Proceedings; BHC
Weed & Pest Minutes, March 13, 2012.
• Bonds; Misc.: Bradford J. Tippetts/Commissioner, Sunlight
Drainage District-One Thousand and 00/100 ($1,000.00);
Bradford J. Tippetts/Secretary-Treasurer, Sunlight Drainage
District-One Thousand and 00/100 ($1,000.00); Larry D.
Leonhardt/Treasurer, Sidon Irrigation District, Cowley-One
Hundred Thousand and 00/100 ($100,000.00); David Bischoff/
Secretary-Treasurer, Lovell Drainage District, Lovell-One
Thousand and 00/100 ($1,000.00).
• Cancellation of Taxes: if any: None.
Thomas S. Hinman moved, seconded by Keith Grant; all in favor
and the motion carried to adjourn the March 20, 2012, regular session
meeting at 4:36 p.m. The Board will meet in regular session on April
3, 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 March 20. 2012.
Board of County Commissioners
Big Horn County, Wyoming
/s Jerold S. Ewen, Chairnmm =
/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: April 19, 2012
For c:lo ur alm
NOTICE OF FORECLOSURE SALE
NOTICE IS HEREBY GIVEN pursuant to Wyoming Statutes,
Annotated, Sections 344-104 and 344-105 (2012); that a certain
mortgage dated April 20, 2010, which was executed and delivered
by Thomas L McPhee, a married man, as sole owner, to Pinnacle
Bank, a Wyoming corporation, and recorded in the County Clerk's
Office, Big Horn County, Wyoming, on April 23, 2010, in Book SD101
at Page 858, which mortgage was assigned to Wyoming Community
Development Authority on April 20, 2010, and recorded in the County
Clerk's Office, Big Horn County, Wyoming, on May 17, 2010, in Book
SD101 at Page 1571, will be foreclosed by a sale to the highest bidder
at a public auction of the premises described pursuant to a power of
sale contained in the mortgage.
The premises that are described in the mortgage are as follows:
Lot 3, Block "A", Great Western Subdivision, being a
Resubdivision of Blocks 3 and 6 of Strong's Addition, Plat "B"
to the Town of Lovell, Big Horn County, Wyoming.
The mortgage contains a street address for the property of:.
411 W. Main Street, Lovell, Wyoming, 82431.
The above sale will be conducted by the Sheriff or the Sheriffs
Deputy at the front door of the Courthouse in the City of Basin, County
of Big Horn, State of Wyoming, at 10:00 a.m. on May 2, 2012. Thomas
L. McPhee has defaulted in the terms of the note and mortgage and
the undersigned claims $104,344.30 principal and interest due on the
mortgage, plus per diem interest of $13.20 on the unpaid balance to
the date of sale, plus reasonable attorney's fees and expenses.
The property being foreclosed upon may be subject to other
liens and encumbrances that will not be extinguished at the sale and
any prospective purchaser should research the status of title before
submitting a bid.
DATED this 2"d day of April, 2012.
Wyoming Community Development Authority, Mortgagee
BY: James R. Bell
Murane & Bostwick, LLC
201 North Wolcott "
Casper, WY 82601
(307) 234-9345 / Fax: (307) 237-5110
Attorney for Mortgagee
Publish: April 5, 12, 19 & 26, 2012
Big Horn Coun retail liquor lie nsa
PUBLIC NOTICE
Notice is hereby given that on the 12T~ day of April, 2012, the
following applicants filed an application for a license, in the office of
the clerk of Big Horn County:
Meadowlark
Ten Sleep
RETAIL LIQUOR LICENSES
Lake Lodge, LLC, DBA Meadow Lake Lodge
- East of
Protests, if any there be, against the issuance of the license will be
heard at 2:00 PM on the 15th day of May 2012, in the board of county
commissioners chambers, Basin, Wyoming.
Publlsh:April19,26, May3&lO, 2012
Deadline for all legal notices and
advertisements is noon on Tuesdays.
