STATE OF WYOMING ) OFFICE OF THE BOARD OF
) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS, WYOMING
August 18, 2009
The Hot Springs Board of County Commissioners met in regular session on Tuesday, August 18, 2009, at 4:00 p.m. in the Commissioners Room at the Courthouse.
Present were Commissioners Brad W. Basse, John P. Lumley and Frank T. Manning. Also present were County Clerk Hans Odde, County Attorney Jerry Williams and Administrative Assistant to the Commissioners Penny Herdt.
Chairman Brad W. Basse led those present in the Pledge of Allegiance.
Approval of Agenda
John P. Lumley made a motion to approve the agenda with the following additions:
ADD: Other Business 4. Consider Airport Pavement Maintenance Contracts 5. Consider Search & Rescue/AEOC Change Order #1
6. Consider Mill Levy Advance for Library
CHANGE: Public Hearing Items 2-b-iii. Benge Brown
iv. Tony Day
v. Ernie Bunn
vi. Dave Hooper
Frank T. Manning seconded the motion. Motion carried.
Consider Applicant’s Request to Postpone Public Hearing on Riverside Bluffs Subdivision
Subdivision applicants Mieco and Bill Eyers joined the meeting via conference call. Chairman Basse reviewed the applicant’s e-mailed request for postponement, and his decision to discuss that request during an open, public meeting. Chairman Basse also reviewed the letter sent to all interested parties advising them to be prepared to proceed with the hearing as scheduled, in case the request for postponement was not granted. County Planner Lee Campbell read a letter from John W. Davis, the opposition’s attorney, objecting to the request for postponement. Chairman Basse called for input from the applicant. Realtor Jody Coleman, the applicant’s representative, indicated that they were prepared to proceed with the hearing. Chairman Basse declared that the hearing would proceed as scheduled, and discussed the ground rules and procedures that the public would be asked to follow during the hearing.
Final Public Hearing – Riverside Bluffs Subdivision
Chairman Brad W. Basse declared the final public hearing for the Riverside Bluffs Subdivision application open at 4:14 p.m. Planner Campbell reviewed procedural due process and matters for which the record was practically complete. He also read in to the public record those comments which had been received in writing too late to be disseminated to the interested parties prior to the hearing.
The hearing continued with presentations and testimony on behalf of the Applicants by the following people: Jody Coleman, Owner of RE/MAX Realty; Paul Blough, partner in the engineering and surveying firm of Holm, Blough and Company, Cody, Wyoming; Benge Brown, a potential landowner with a portion of the Nakamura lands not contained in the subdivision under a contingent sale contract; Tony Day, landowner, potential purchaser of some farm ground from the Nakamura Estate and Lucerne Water & Sewer District representative; Ernie Bunn, County Title Company; and Dave Hooper, attorney for the applicants.
Heard next were presentations and testimony on behalf of the Opposing Parties from the following people: John W. Davis, attorney for the opposing parties; Dr. Vernon Miller, neighboring landowner to the Nakamura lands; Bob Bailey, Vice-President of First American Title Company; Bill Thompson, Railroad Coordinator for WYDOT (by telephone);
Further public comment was received from Ed Moriarity, adjacent landowner, attorney, and representative for Hank True; Mike Baker, Lucerne Pumping Plant Canal Company and Owl Creek Irrigation District; Matt Brown, representing High Plains Power and the Owl Creek Irrigation District; Larry Bentley, HSC Land Use Planning Board; Forrest Coleman-Weisz, RE/MAX Realty and county landowner; Jason Norsworthy, Lucerne Water & Sewer District member; LaVerne Lofink, neighboring landowner; and Mieco Eyer, applicant.
Chairman Basse called three times for further public comments. Receiving none, he declared the public hearing closed at 8:03 p.m. After some discussion, John P. Lumley moved to deny approval of the subdivision, based on the fact that the application did not meet several of the absolute requirements for approval of the application for subdivision as stated in the current Hot Springs County Land Use Plan. Frank T. Manning seconded the motion. Motion carried.
Consider Comment Letter Regarding WYO-BEN Environmental Assessment
County Planner Lee Campbell presented a comment letter to the Bureau of Land Management regarding the BLM’s Draft Environmental Assessment on WYO-BEN’s Bentonite Mine Plan of Operation for the Commissioners’ review and signature. Also present were WYO-BEN representatives Dale Nuttall and Max Crumine to discuss WYO-BEN’s assessment of the Environmental Assessment. Citizen Mike Baker disagreed with Planner Campbell’s assertion that dust from ore hauling would not affect the petroglyphs. Frank T. Manning moved to approve the comment letter to the BLM for signature. John P. Lumley seconded the motion. Motion carried.
Consider Joint Powers Agreement for Nature & Discovery Center
Greater Learning Foundation representatives Sue Blakey and Bev Koerwitz appeared before the Commissioners to discuss the Joint Powers Agreement for the Big Horn Nature & Discovery Center. Approval of this agreement is necessary to receive the funding allocated by the State for the Center during the last legislative session. Ms. Blakey indicated that the Thermopolis Town Council has approved the agreement at their last meeting. After some discussion, John P. Lumley moved to sign the Joint Powers Agreement between Hot Springs County and the Town of Thermopolis for the Big Horn Nature & Discovery Center. Frank T. Manning seconded the motion. Motion carried. Ms. Blakey also reported that the Greater Learning Foundation is seeking some funding for the Center through federal stimulus money. The Foundation will keep the Joint Powers Board updated on their fund-raising efforts.
Consider Support Letter for South Thermopolis Water & Sewer District Grant Application
South Thermopolis Water & Sewer District Board members Dave Denton, Charlie Stickney, Barry Weaver and engineer Heath Overfield appeared with Planner Lee Campbell to discuss Commissioner support for the District’s Level III Water Supply Project grant application. Planner Campbell presented a letter he drafted for the Commissioners’ signature indicating their support for the project. The Water Supply Project will address three major issues identified in the Level I and Level II studies previously completed – low water pressures, dead-end lines and inability to serve large numbers of district members. Frank T. Manning moved to approve the letter in support of the Level III Water Supply Project. John P. Lumley seconded the motion. Motion carried. STWSD member Charlie Stickney thanked the Commissioners and the Road & Bridge Department for the recent improvements to Lane 7 carried out as part of the County’s summer Cold Mix Project.
Other Business
Lane 3 Project Update – Project consultant Harry Hughes presented a draft letter to Julie Kozlowski, Wyoming Business Council representative, containing requested amendments to the CDBG application for funding for Lane 3 improvements. These amendments included a revised Job Creation Table and a revised Project Budget changing the CDBG grant amount shown. John P. Lumley moved to sign the letter to the Wyoming Business Council containing the Amendments to the CDBG Application for Lane 3 Improvements. Frank T. Manning seconded the motion. Motion carried.
Mr. Hughes also presented a draft letter to Shelby Carlson, WYDOT District 5 Engineer, transmitting the Review Board’s Oaths of Office and the Viewer’s Report, as well as the Funding Commitment for the Industrial Road Program Funding Application for the Lane 3 Project. John P. Lumley moved to approve the transmittal letter to WYDOT for signature. Frank T. Manning seconded the motion. Motion carried.
Consider 2009-2010 County Health Officer Contract – Clerk Odde presented the 2009-2010 County Health Officer Contract for the Commissioners’ signature. The contract has been reviewed and approved by the County Attorney. Frank T. Manning moved to approve the Contract between Howard Wilson, M.D., HSC Health Officer and the Wyoming Dept. of Health, Public Health Emergency Preparedness Program in the amount of $12,000.00 for the period of August 31, 2009 – August 30, 2010. John P. Lumley seconded the motion. Motion carried.
Review County-Wide Landfill Agreement – Clerk Odde presented the County-Wide Landfill Agreement for the Commissioners’ consideration. County Attorney Jerry Williams indicated that he would like to review the agreement further with the Clerk before giving his approval to the document. The Commissioners agreed to table consideration of the County-Wide Landfill Agreement until their September 1, 2009 regular meeting to give the County Attorney and Clerk time to review the agreement.
Consider Airport Pavement Maintenance Project Notice to Proceed and Contract – Clerk Odde presented the Commissioners with the final Notice to Proceed and Contract between Hot Springs County and Maxwell Construction for the Airport Pavement Maintenance Project. John P. Lumley moved to approve the Notice to Proceed to Maxwell Construction. Frank T. Manning seconded the motion. Motion carried. John P. Lumley moved to approve the Airport Pavement Maintenance Project Contract between Hot Springs County and Maxwell Construction. Frank T. Manning seconded the motion. Motion carried.
Consider Search & Rescue/AEOC Project Change Order #1 – Clerk Odde presented Change Order #1 for the Search & Rescue/AEOC Project covering the changes to the existing fence and parking area. Frank T. Manning moved to approve Change Order #1 for the SAR/AEOC Project in the amount of $12,660. John P. Lumley seconded the motion. Discussion: Chairman Basse recused himself from voting due to his status as subcontractor on the project. Vice-Chairman Lumley stated that he felt he had no conflict of interest despite working for Ray DeVries, one of the subcontractors on the project, as he works for a different company than the one involved in the project. Motion carried.
Consider Mill Levy Advance for Library – Clerk Odde presented a request from the Library for an advance on their mill levy payment. This advance would allow the Library to meet their bills for the next two months until they receive their next payment of mill levies already earned. This shortage is an annual occurrence which should be eliminated next year by the inclusion of a cash reserve amount in the Library’s budget for the 2009-2010 Fiscal Year. John P. Lumley moved to approve a mill levy advance for the Library in the amount of $31,000.00. Frank T. Manning seconded the motion. Motion carried.
Correspondence
Coalbed Natural Gas Alliance – Annual Picnic
Meeteetse Conservation District – WACD Area III Annual Meeting Notification
Library Minutes & Endowment Status Report
Biomass Utilization Working Group Memory
SLIB – Disbursement Percentage Correction for Search & Rescue/AEOC Building Grant
Fairboard Minutes
Commissioners reviewed the foregoing correspondence. No action required or taken at this time.
Adjournment
There being no further business to come before the Board of County Commissioners at this time, Frank T. Manning moved to adjourn the meeting at 9:30 p.m. John P. Lumley seconded the motion. Motion carried.
ATTEST:
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Brad W. Basse, Chairman Hans Odde, County Clerk
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