14 I The Lovell Chronicle I November 10, 2011
Public notices
Bi Horn Cnunty. Commi¢ioner' 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
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