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Lovell , Wyoming
November 10, 2011     Lovell Chronicle
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November 10, 2011

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14 I The Lovell Chronicle I November 10, 2011 Public notices Bi Horn Cnunty. Commiioner' minutes. September 6. 2011 BIG HORN COUNTY COMMISSIONERS' MINUTES DATE TIME AND PLACE: The Board of County Commissioners of Big Horn County, Wyoming, met in regular session on October 4, 2011. The meeting was called to order at 9:00 a.m. beginning with the Pledge of Allegiance at the office of the board of county commissioners in the Basin courthouse. BOARD MEMBERS PRESENT: Jerold S. Ewen, Chairman; Keith Grant and Thomas S. Hinman, members; and Deb LaBudda, acting county clerk and clerk of the board. Others present various times: Karla Pomeroy, Basin Republican Rustler Discussion: William Bridges, Pryor Mountain Engineering; Stefanie Padilla, land planning and engineering technician; and Jerry Denniston and Rod Wambeke, read and bridge foremen, met with the commissioners to discuss various road issues and give updates. William presented the FEMA grant application for signatures. The grant is to provide funding for the recent flood damage to roads. FEMA provides funding for 75 percent of eligible projects and requires a 25 percent match from the applicant. He presented a project spreadsheet that highlighted various county roads, materials needed, project costs and funding required to complete the necessary repairs. He stated that some projects would be better to bid out to contractors, such as the gabions needed for Davis Road, as they will require more equipment and time than the county has to devote to the projects. He stated that Road 20 and John Blue need pitrun and rip-rap, but won't be difficult if we have time. Rod Wambeke said he will address them after work on Road 5 is completed. Discussion: Carol Willard, county clerk's payroll deputy, asked for a moment to address a sick bank request for a county employee. She said that in order to complete the payroll she needed the request processed as it had been used for a timesheet. Commissioner Grant moved, seconded by Commissioner Hinman and carried, to approve the sick bank request as presented for 40 hours for a county employee. Willie said that there is a lot of debris to clear from the flooding and he really doesn't want to bury the debris in the landfill. He said he has checked with DEQ and we could burn as long as certain guidelines are followed. He said a permit would not be required. FEMA has stated that in order to cover the expense of removing the debris we have to show documentation that it was received at the landfill. It was discussed if the debris could be hauled to the landfill and then burned. Commission Chairman Jerry Ewen said that we could check with Guy Cameron about using the governor's fund. Willie asked if Road 20 debris removal should be put out for bid as it is estimated that it will cost $16,365.77 to remove all of it. He said there would be more options if we don't use FEMA funds and that a side dump would be beneficial. Jerry Ewen asked if the FEMA funds have been appropriated for sure and Willie stated that final approval had not been received, but he is fairly confident that it will be. Willie asked if the money should be put in the budgets as the county will have to pay first and wait for reimbursement from FEMA. Both Commissioner Grant and Commissioner Ewen feel the FEMA funds should be approved for sure before they are spent. Willie estimates that we should know within a month and said a couple expenses had already been submitted, but no money has come back for them yet. Commissioner Grant suggested that Rod Wambeke, north road and bridge foreman start checking around for prices for a side dump. Rod Wambeke reported that he is very short handed and might need to hire someone. Willie said the project design is done for the Cold Springs Road, but that project might have to be put on hold until we find out about how much money will be required from the county road fund to repair this year's flood damage. He said the Cold Springs Road is ok for now, but it will be in bad shape come spring. Willie reported that the culvert on Road 10 doesn't appear to be failing, although the road might be settling. Jerry Denniston said he could put cold mix on it until the water is out of the canal and they are better able to see what is going..qn, probably by the 15 th. Willie said that he had given  ahead for a cut in Horseshoe Lane as there was a water break that needed immediate attention, but told the party they would have to fill out an application and pay the fee and bond. He said it would be invoiced out and then the Heights Association could ask for a reduction in fees. Decision: Willie presented three utility licenses and one access driveway application for approval. Commissioner Hinman moved, Commissioner Grant seconded and the motion carried, to approve the following permits: 1. Jennifer Cerroni, access driveway located at Twp. 56N., R. 95W, Section 10, Road 17, six miles east of Lovell 2. South Big Horn County Water District, utility license for waterline located in Twp. 52N., R. 93W., Section 33, Basin Gardens Road 3. Greybull Heights Water Users Association, utility license for waterline repair, paved road cut on Horseshoe Lane in Greybull Heights 4. TCT WEST, INC., utility license located in Twp. 57N., R. 97W, Section 24, Road 6, bore county road Discussion: Willie asked what involvement the engineer's department should have concerning the road and bridge shop renovations. He said that there may have been some misunderstandings as far as the grants are concerned and instate preference and making sure that the county stays with how the grant is written. The commissioners agreed that it would be good to have Willie, Fred Werner, maintenance supervisor, and Maria Eastman, grants administrator, sit down and work everything out. Willie agreed to schedule a meeting. Rod Wambeke reported that Road 5 was almost done, because all that was needed this year was pitrun. He said after that is done, work could proceed on Road 20. Commissioner Grant said he had. received complaints about 2 nd Street in Lovell which needs repaved to the site that had previously been proposed for a penitentiary site. Commissioner Ewen said that he had also received complaints about a blind corner on Road 10. Jerry Denniston stated that road was the responsibility of the cemetery district. Commissioner Hinman said that he had received complaints that there is a lot of dust on Torchlight Road from trucks hauling water. Willie said he would check to see if the county needed to get some water on the road. Discussion: William Bridges, acting airport manager, and Bill Harris, GDA, met with the commissioners to present the signed documents for the South Big Horn County Airport SRE project to upgrade the old snow plow. Bill explained that the original quote for CMI-TECO did not include wheels on the plow, so a new quote in the amount of $8,952.00 ($1,000.00 more than original quote) was presented. He stated that when he received the original quote the specifications had not been finalized and they were not aware that wheels were needed. He stated that is was still far less than the other option that was presented. Willie said they received a letter from WYDOT stating that they were in agreement with the contract. He stated that a transfer of funds for the SRE contract would need to be prepared and presented. Decision: Commissioner Grant moved, seconded by Commissioner Hinman and carried, to proceed with the revised contract for the SRE, which will take 120 days to complete. Willie said he was approached by EPA about storing hazardous materials at the old airport. He said there were 120-150 barrels of contained and sealed hazardous materials that were being collected by approximately 30 EPA personnel for evidence and cleanup. Willie said a 50/10 inspection was completed by WYDOT at the Greybull airport. Everything was fine and no action is necessary. Discussion: A letter from Mountain Construction concerning a past due invoice was discussed by William Bridges and the commissioners. Commissioner Ewen stated that the terms of the agreement should have been more clearly made, but a promise was made to the contractor and he felt it should be honored. Decision: Commissioner Grant moved, seconded by Commissioner Hinman and carried, to pay Mountain Construction $6,091.08 for the first installment of a $30,455.40 agreement to be spread out over five years for leftover aggregate at the South Big Horn County Airport. Discussion: William said that a North Big Horn County Airport Master Plan meeting was held last week. Comments were received about the county providing wireless Internet and pavement, among other things. He said the airport is popular with gliders because of a good uplift and that more storage hangar space might be considered as many gliders are brought in on trailers or towed to the airport. He thought grant funds might be available. He said there are three public input meetings left. He stated that he doesn't see any liability to the county concerning the Sheppard vs. B&G Industries lease lawsuit. He reported that in reference to the Sheppard lease, the signs are installed, the survey has been completed and the work is almost done so Mr. Sheppard can be billed for the lease. He questioned whether the county has any keys to the county's hangars as it might be important to be able to gain access in case of emergency. William will get with Karl Bertagnole of B&G Industries to discuss getting billed for the county's share of water usage at the airport and also to discuss the best place for a pilot's lounge. Commissioner Ewen stated that Bresnan had broken a waterline to the water tank, but it has been fixed. He said the waterline should be tested to make sure everything is ok when the water is on and it is under pressure. Commission Chairman Ewen called for a break at 1045 a.m. and the meeting was resumed at 10:53 a.m. Discussion: Deb LaBudda, clerk's deputy, presented the commissioners with a sample letter that was included with the invoice to all special districts for their organization's portion of the 2010 primary and general election costs. The county clerk wanted the commissioners to be informed that they might receive calls concerning the billing and that her office would be available to explain the formula used to calculate each district's portion of the costs of the election. Deb also presented the County Clerk's Abstract Statement, which is required by the Wyoming Department of Audit to be signed by the commissioners and published in the newspaper of general circulation in the county at least two times. Discussion: Marquerite Van Dyke and Carol Willard, clerk's deputies, met with the commissioners to present accounts payable and payroll. Marquerite told the commissioners that a bill had been received from Verizon for $127.00 for a device that she was unable to determine who ordered. She said she had asked Verizon to stop service on it and when the person who ordered the device contacts Verizon, they will be told to contact Marquerite. The payment process for the VOS program was discussed, as it had been reported that a VOS specialist had not been paid for her services. Carol said the payroll is almost complete and that the insurance updates are done. She said that two workers' compensation injury reports had been submitted, with one being received this morning. Commissioner Hinman moved, seconded by Commissioner Grant, all were in favor and the motion was carried, to allow the bills and payroll as presented. LOIS ADEY 125.00 / AIR NAV LLC 468.00 / ALSCO 45.73 / AMERICAN WELDING & GAS INC. 90.23 / DEL ATWOOD, JR 150.00 / BASIN PHARMACY 62.48 / BASIN PHARMACY 3,431.43 / BASIN REPUBLICAN RUSTLER 50.00 / TOWN OF BASIN 8,566.07 / BIG HORN CO-OP MARKETING ASSN 143.83 / BIG HORN COUNTY 250.00 / BIG HORN COUNTY SHERIFF 3,135.73 / MARY BOYER 26.64 / MICHELLE M. BURNS 939.16 / JANE CHAVIRA 68.82 / CC&G INC 8,190.00 / CMI-TECO 214.02 / CENTURY LINK 34.46 / MIKE J COULTER 500.00 / COUNTY CLERK 49.40 / BIG HORN COUNTY TREASURER 241.09 / COVENANT INSURANCE GROUP INC. 1,650.00 / KIM COWAN 147.24 / DOUBLE R SERVICE 219.04 / ETC., LLC 721.50 / MARIA LISA EASTMAN 28.24 / ESRI, INC. 5,900.00 / JERRY EWEN 2,148.46 / JOHN E. FRENTHEWAY 869.00 / FFF ENTERPRISES 1,570.00 / FIRST BANKCARD 706.04 / FIRE PROTECTION & SAFETY 377.00 / GARY'S VACUUM & STAMPS 79.60 / TRACY GIFFORD 40.00 / KRISTINE GODFREY 11.99 / LORRAINE GONZALEZ 16.19 / GORRELL & HOPKINSON P.C. 2,600.19 / GDA ENGINEERS 30,795.92 / GREYBULL STANDARD 50.00 / TOWN OF GREYBULL 250.50 / HALLMAN, EAGLER & HUNT, PC 1,834.99 / DEMAR D. HILL 1,000.00 / HILLER GROUP (THE) 1,476.16 / HIGH PLAINS REPAIR 130.00 / HONNEN EQUIPMENT CO. 209.50 / JOHN G. HYDE 72.57 / I-STATE TRUCK CENTER 6,182.13 / JAKE'S TIRE & REPAIR 2,943.43 / BECKY A. LINDSEY 329.58 / JESSICA LOEPER P.C. 2,300.00 / LOVELL AMERICAN CAR CARE CENTER 761.48 / LOVELL CHRONICLE 2,792.00 / LOVELL CHRONICLE 180.00 /TO.WN OF LOVELL 193.74 / MASTERCARD 1,039.96 / SHERIDAN MAY 11.00 / MINCHOW'S SERVICE 1,778.00 / MODERN PRINTING COMPANY 192.48 / MONTANA-DAKOTA UTILITIES 465.18 / KAMI NEIGHBORS 199.10 / NORTH BIG HORN HOSPITAL 10,153.00 / NORTH BIG HORN SENIOR CITIZENS 150.00 / DORI NOYES 384.45 / O'REILLY AUTO PARTS 206.94 / THE OFFICE SHOP, INC. 2,736.23 / OVERLAND EXPRESS MART 166.66 / PAMIDA PHARMACY 333.09 / PARK COUNTY CLERK 35.30 / PETERSON QUALITY OFFICE FURNITURE 275.00 / PITNEY BOWES 128.70 / POWELL OFFICE SUPPLY 82.98 / WILLIAM E. BRIDGES 27,695.19 /PURCHASE POWER 200.00 / RED APPLE SUPERMARKET 9.37 / RIVERBEND PLUMBING & HEATING 1,410.49 / ROCKY MOUNTAIN MIDDLE SCHOOL 19.20 / RON'S FOOD FARM 109.33 / SANDERS PLUMBING & HEATING, INC. 437.28 / SANOFI PASTEUR INC. 699.70 / COLEEN SCHEELER 80.88 / SUSAN SILER 11.55 / DALLEN SMITH 136.40 / SOUTH BIG HORN COUNTY HOSPITAL DIST 5,000.00 / SYSCO FOOD SERVICES 21,651.47 / TECHNICAL FORESTRY SERVICES 16,082.79/TCT WEST, INC. 141.09/TITAN MACHINERY 1,545.72 / VAISALA INC. 337.00 / VALLEY HARDWARE 560.71 / GAlL E. VANDERPLOEG, LPN 66.52 / VERIZON WIRELESS 1,526.16 / JAMES G. WALLER 432.42 / WHEELER'S IGA 31.08 / WIRELESS ADVANCED COMMUNICATIONS IN 4,873.20 / WOMACK MACHINE SUPPLY CO 50.00 / WYO. ASSOC. OF SHERIFFS & CHIEFS 400.00 / WYO. LAW ENFORCEMENT ACADEMY 185.00 / WYOMING DEPT. OF TRANSPORTATION 328.50 / WYO. PUBLIC HEALTH NURSING SERVICES 295.00 / TRUDY CRAFT 101.20 / DEBBI MCKIM 779.99 / JR'S REPAIR 205.65 Deb LaBudda, clerk's deputy, presented the candidates for the newly established position of commissioners' executive secretary. It was decided that Deb will call three applicants chosen by the commissioners and will set up interviews for Wednesday, October 12. Annette Dillon, clerk's deputy, met with the commissioners to discuss Talbot BHJ Insurance. She presented the list of currently insured county vehicles and suggested that department heads go through their inventory and decide which vehicles were worth having full coverage on. She explained that it may not be understood that Talbot only covers the damage to the vehicle (not contents) and that LGLP covers the rest. Some vehicles probably aren't worth insuring as full coverage, and we should possibly set the threshold at $5,000.00 or more in value. It was also decided that it needs to be clarified who is covered by LGLP, as in library board members, etc., who might be riding to a meeting or on official library business. Individual boards would need to determine if they want to continue paying premiums on specific vehicles, because we bill them for their portion of the bill. She agreed to create a spreadsheet breaking down the premium for each vehicle and will determine vehicle values by using the NADA program. She will get back to the commissioners at a later date to present her findings. Decision: Commissioner Hinman moved, seconded by Commissioner Grant and carried, to break for lunch at 11:58 a.m. and resume the meeting at 1:00 p.m. Stefanie Padilla and Fred Werner, maintenance supervisor, met with the commissioners to discuss grants. Stefanie was there on the behalf of Maria Eastman, grants administrator, as she was out of town with a family emergency. Stephanie presented the Department of Family Services TANF contract for signatures. The DFS awarded the county a TANF grant in the amount of $44,945.00 for the period of October 1, 2011, through September 30, 2012, to be used to improve the lives of children and families in our communities. The grant will need to be added to the budget. Commissioner Hinman moved, seconded by Commissioner Grant and carried, to sign the DFS TANF contract in the amount of $44,945.00. Stefanie said the redirection of $16,000.00 for the retrofit project had been approved and it would be brought before the commissioners at a future meeting for signatures. Stefanie said that the renewal letter for the VOA grant was taken to the county attorney's office by Maria and it couldn't be found. Fred said he had received three quotes for the heaters for the north and south road and bridge shops. He said Maria was aware of the process used to get the quotes and that all were in- county bidders. The quotes received were E & M Heating & A/C Inc, $16,800.00; Riverbend Plumbing and Heating, $18,050.00 and Comfort Heating & Air, $12,038.60. Fred said there is $60,000.00 left from the boiler project and they were breaking out the heaters from the rest of the grant, as they are only replacing what is there. It was his recommendation to go with Comfort Heating & Air. It was anticipated that it would be done before cold weather. Decision: Commissioner Hinman moved, seconded by Commissioner Grant and carried, to accept the bid of $12,038.60 from Comfort Heating & Air for the replacement of heaters at the north and south road and bridge shops. Discussion: Deb LaBudda, clerk's deputy, presented the nomination form for a position on the LGLP board. Nominations could be received no later than October 31,2011. The commissioners decided no nominations were necessary as they are happy with the current board member. Deb also presented the September 1,6 & 7 and 20, 2011, commissioners' minutes for approval. Decision: Commissioner Hinman moved, seconded by Commissioner Grant and carried, to approve the September 1, 6 & 7 and 20, 2011, commissioners' minutes as amended. Debbi McKim, independent land consultant hired by the county, met with the commissioners to discuss pooling negotiations on a county oil lease. The hearing before the Oil and Gas Commission is November 8 & 9 and Tom Fitzsimmons is requesting a letter of support from the commissioners. Debbi said she is putting a timeline together of the negotiations with NEPECO, and then she and Dori will draft a letter to demonstrate the county's intent concerning the forced pooling for the commissioners to sign at the next meeting. Debbi said Tom Fitzsimmons has been in contact with Nicol Kramer and has provided the county's maps. He suggests that Nicol represent the county at the hearing. Decision: Commissioner Grant moved, seconded by Commissioner Hinman and carried, to have Nicol Kramer, the commissioners' legal counsel, represent the Big Horn County Commissioners November 9 th at the Oil and Gas Commission hearing in Casper. Discussion: William Bridges, Matty Moody, Karen Sylvester, Mitch Shelhamer, and Alfred Anderson, fair board members, and Fred Werner, maintenance supervisor, met with the commissioners. Matty Moody, chairman of the fair board, first thanked the commission for its support. Alfred Anderson said that once again the board was in a position of needing to come before the commissioners to ask for money. He said he had been pulling his hair out trying to figure things out when finally the light came on and he could See what happened. He said that because of confusion over the budget form and a misunderstanding in the process, $30,800.00 was added twice to the budget, the money was spent, and the fair budget was exceeded. He said the 25% mil money approved and recently advanced wouldn't cover hiring a fair manager and they had been struggling to figure out why they are short. Commissioner Ewen said that he knows that there is a cash flow problem. William Bridges said the next three months they will be out of cash until they can start receiving ad revenue again and at this point they need to request to increase the budget by that amount because of an error by the county clerk. Commissioner Hinman remarked that it was the clerk's error so the money should come from the clerk's budget. Commissioner Ewen said that even without the error the fair is still a year behind in their cash flow. Matty Moody said that it is hard to anticipate the budget because their revenue comes from funds that are uncertain and they don't know what revenue will be. Alfred added that they hate coming in all the time to ask for more money. Commissioner Grant said the commission could fund the fair budget from the general fund, including the fair budget in the 12 mills allowed by the state for county government. Mitch Shelhamer said that they were hit with electrical upgrades that were beyond the budget even before the shortfall was discovered. Matty added that the more they do, the more there is and as the electrician looked things over other things were found. Commission Ewen introduced the idea of placing the fair's maintenance program, including funding, supervision, and labor, under the county and that he had talked to Fred about managing the fair grounds maintenance program. Fred agreed that it would alleviate problems if the maintenance was separate from the operation of the fair. He could take care of it rather than the board having to focus on it. Mitch Shelhamer asked if the fair manager would then work with Fred? Fred said that the fair manager would work on the operation of the county fair and that he would work on maintenance. Commissioner Ewen stressed that the commissioners don't want to manage the fair as that would bethe fair manager's job with oversight by the Fair Board. The manager wouldn't report to Fred but would continue to report to the Fair Board. Commissioner Ewen-s-a[d the idea would require more help for Fred, but would take pressure off of the board because they are currently in the position of having to take care of things they lack the time and expertise to do. Commissioner Grant questioned whether or not the manager would need to be full time if the county took care of the maintenance. Karen Sylvester asked if mowing, watering, etc., would be put under maintenance and was assured that it would be. Mitch felt there was enough work for a full time manager even without responsibility for the maintenance but maybe theycould consolidate the office help and the manager position into one job, however, they would need extra office help a month or so in advance of the fair. Matty said that it would be hard to address hiring a manager without money. Willie asked if, in the future, they could plan and fund their budget on a two-year cycle instead of the current method, as it would help them to be able to plan their financials in advance. There would be more checks and balances for the county, but it would still fit in the budget. Alfred said that there could be special meetings to make changes but there are budget problems that need to be addressed immediately. Commissioner Ewen said everyone should consider the pros and cons of these major revisions to the fair board's responsibilities and suggested that a meeting should be planned to work on the details. Willie said the fair board meets next week and that maybe they could schedule a work session with the commissioners before the board meeting. They could then come back to the commissioners at the next commissioners meeting with suggestions and a plan and maybe get a manager on board for November. Commissioner Ewen said that it is pretty obvious that funds are going to be needed. The work session was scheduled for October 10 at 5:00 p.m. at the fire hall in Lovell. William Bridges presented the commissioners with his letter of resignation from the fair board to be effective November 1 and further advised that he would be available as needed to help get through these issues. He said more information is needed for the Daniels grant for a new building at the fair grounds and he will help with that even after his resignation. Alfred said he will probably hand in his resignation this winter and added that Mitch's term is up this year. Commissioner Ewen said they will advertise for those interested in serving on the board. Commissioner Hinman felt the board members should help interview candidates. Matty said the board needs help, they are just volunteers and it is very demanding. Following the fair board members being excused, Commissioner Grant asked Becky Lindsey, County Treasurer, where she thought the money could come from. She said she didn't know, but that the board needs to turn in monthly statements for better financial accounting because the county has bailed them out repeatedly. Commissioner Ewen questioned her about the requirements for the mill levy as he wondered about the legality of the county taking control of the fair financials. Becky said that information could come from Jim Reilly. Commissioner Grant said they wouldn't have to use the current system of a specific mil allocation, the fair budget could be placed under the umbrella of the county and their budget could be managed like all other county departments. Commission Chairman Ewen called for a break at 2:53 p.m. and the meeting was resumed at 2:55 p.m. Sheriff Ken Blackburn met with the commissioners to discuss personnel issues and an ongoing investigation. Decision: Commission Chairman Ewen called for executive session at 2:57 p.m. to discuss personnel issues. Those present were: Commissioners Ewen, Grant and Hinman, Sheriff Blackburn, County Attorney Michelle Burns and Deb LaBudda, clerk's deputy. The meeting was called back to regular session at 3:42 p.m. Commissioners considered, reviewed and approved the following: Bonds: Stanley S. Asay, commissioner, Sunlight Drainage District, $1,000.00; Donald R. Minchow, treasurer, North Big Horn Hospital, $5,000.00; Julia Kelso, director, Big Horn County Library, $2,500.00; Judy Morris, president, Big Horn County Library, $2,500.00; and Edith Crosby, treasurer, Big Horn County Library, $2,500.00 Minutes and Reports: Byron Solid Waste Disposal District Board proceedings dated August 11, 2011; Big Horn County Solid Waste Disposal District minutes dated July 19, 2011, and August 16, 2011 No appointments were scheduled for October 5, 2011, so there CONTINUED ON NEXT PAGE