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Lovell , Wyoming
April 19, 2012     Lovell Chronicle
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April 19, 2012

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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.