76 North Main Street
Buffalo, Wyoming 82834
(307) 684-7555 · commissioners@johnsoncowy.us

Board of County Commissioners Meeting  July 19, 2010

      The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday July 19, 2010 by Chairman Gerald Fink. Those in attendance were: Commissioners Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart and Deputy County Attorney Barry Crago. Commissioner’s Assistant Peggy Sillivan was absent.

     Wildeman moved to approve the minutes of the July 6, 2010 regular meeting and the July 13, 2010 special meeting. Eitel seconded, motion carried.

      Gerry Purcell discussed the allowance of a private practice in the current County Attorney’s office. Also attending and commenting were Richard Branaman and Bill Edwards.

      Eitel moved to re-appoint Bob Harlan to the 1% Sales Tax Committee. Wildeman seconded, motion carried.        

     Eitel moved to authorize the Chairman to sign the agreement between Johnson County and Intermountain Construction and Material regarding airport project-AIP Project No. 3-56-0003-15, Wyoming Department of Transportation (WYDOT) No BYG-05-A&BYG-05B. Wildeman seconded, motion carried. This project is relative to the runway overlay.

     Wildeman moved to approve the ROW (Rights of Way) permits for May 1, 2010 through July 13, 2010 as presented by the Road & Bridge Department. Eitel seconded, motion carried.

     Road & Bridge Supervisor, Scott Pehringer, discussed various County road projects with the Commissioners. He also discussed the Industrial Road Project (IRP) application and a potential list of viewers for a proposed road project.

     Pehringer also discussed a potential trade with Johnson County Fire Control District #1 regarding a cargo trailer in the Road & Bridge inventory for a skid structure storage building from the District. The Commissioners had no problem with this transaction.

      At 10:00 AM a public hearing was held regarding the 2010-2011 proposed budgets. John Gibbs commented on a job well done and had a question regarding the Special Districts and their reserve accounts. Fink commented that the assessment levels are set by statute. After review and discussion Wildeman moved to approve the fiscal year 2010-2011 General County Budget including the Fair, Library and Museum allocations within the 12 mills. Eitel seconded, motion carried. Eitel moved to approve Special District mill levies for the Weed & Pest General & Leafy Spurge District, Rural Health Care District, Hospital District, Cemetery District, Johnson County Fire District #1, Lake DeSmet Conservation District, Powder River Fire District and the Powder River Conservation District. Wildeman seconded, motion carried. Wildeman moved to approve Town of Kaycee Ordinance 2010.03 fiscal year 2010-2010, 8 mill levy mill levy. Eitel seconded, motion carried. Wildeman moved to approve the City of Buffalo Resolution #1295, 8 mill levy. Eitel seconded, motion carried. Eitel moved to approve the Johnson County School District #1 levies and bond interest. Wildeman seconded, motion carried. Wildeman moved to approve the Powder River Irrigation District Assessment Roll per Wyoming Statute #41-7-703. Eitel seconded, motion carried. Eitel moved to approve the Crazy Woman Water Shed Improvement District Assessment Roll per WS# 41-7-703. Wildeman seconded, motion carried. Wildeman moved to approve the North Fork Irrigation District Assessment roll per WS# 41-7-703. Eitel seconded, motion carried. Eitel moved to adopt the 2010-2011 budget as presented. Wildeman seconded, motion carried.

     Rob Yingling, County Planner, and Jerry Osborn, Assistant, reviewed various subdivisions his department is working with at this time. In attendance and representing Grizzly Engineering

were Keith Neustal and Travis Pearson regarding a potential minor subdivision involving Bald Mountain Trailer Court property. They and Planner Yingling discussed a variance request for a private road that accesses the proposed subdivision being less than a 60 foot wide easement on Turkey Lane. This development does not change anything that currently exists.  After discussion Wildeman moved to approve a variance requested regarding Section 5, Township 50 North, and Range 82 West. Eitel seconded, motion carried. Attending and commenting was Margaret Smith Braniff, Chairman of the Planning and Zoning Commission.

      Eitel moved to table an access issue regarding the proposed Tass Minor Subdivision for the County Attorney to review. Wildeman seconded, motion carried.

     After review, Wildeman moved to approve the final plat for the Scully Trust Minor Subdivision as recommended by the Planning & Zoning Commission. Eitel seconded, motion carried.          

     Eitel moved to remove from the table the final plat of the Tass Minor Subdivision for reconsideration regarding Deputy County Attorney Crago’s information. Wildeman seconded, motion carried. Eitel moved to approve the final plat of the Tass Minor Subdivision as recommended by the Planning & Zoning Commission. Wildeman seconded, motion carried.

     Other items discussed by Yingling and Osborn were: zoning regulations project work session    dates and two potential illegal subdivisions.

     Eitel moved to approve the 2008 refund of taxes for Optigas, LLC for $1120.96 per State Directive  #2010-0533 and 2009 tax refunds for Williams Prod RMT Co. for $156.13 by State Directive #2010-0535 and for $170.28 by State Directive 2010-0536. Wildeman seconded, motion carried.

     Commissioner Chairman Fink acknowledged supplemental 2007 taxes for Williams Production RMT Company for $121,075.10 and $965,101.38 by State Directive 2010-0531 and for Optigas, LLC for $2,613.16 by State Directive #2010-0533 and for 2008 taxes for Williams Production RMT for $239,361.93 and for $1,324,281.31 by State Directive #2010-0531, for 2009 taxes for Williams Production RMT Company for $15.30 by State Directive #2010-0535, for $11.86 and $12.22 by State Directive 2010-0536 and for $13.08 by State Directive #2010-0537.

     Airport Board member Randy Dyess, discussed airport project #AIP #3-56-0003-15, WYDOT No BYG-05-A&BYG-05B and the need for a motion regarding a notice to proceed. Eitel moved to authorize the Chairman to sign the “notice to proceed” for the airport project. Wildeman seconded, motion carried. This regards the runway overlay project.             

     The Fairgrounds Task Force discussed a potential multipurpose building for the fairgrounds. Neil Bangs, Chrissy Bunn and Rob Lueders discussed this issue with the Commissioners. Bangs felt a task force was not needed. The Commissioners stated that any building being considered needed to go through the Commissioners and the Fairboard.

     Items discussed with Deputy County Attorney Crago were: the parcel layer issue that he will discuss with Rande Money, County IT/GIS Coordinator regarding the best way to deal with this issue, a feral animal resolution, the Sand Creek court case, and the Annex “A” building janitorial contract.  

     Other items discussed and reviewed were potential hearing dates regarding the 2010 tax protests and the road research project.   

     With no further business Wildeman moved to adjourn the meeting at 12:40 PM. Eitel seconded, motion carried.

 Gerald Fink, Commissioner Chairman              Linda Barnhart, Johnson County Clerk   

Board of County Commissioners Meeting July 6, 2010 

     The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday July 6, 2010 by Commissioner Chairman Gerald Fink. Those in attendance were: Commissioner Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioners Assistant Peggy Sillivan.

     Eitel moved to approve the minutes of the June 15, 2010 regular meeting and the June 25, 2010 Special meeting, . Wildeman seconded, motion carried.

     Sheriff Steve Kozisek discussed vehicles in his inventory and trade-in issues for newly purchased vehicles. Deputy County Attorney Crago will review statutes regarding this issue.

     After review by the Commissioners, Wildeman moved to authorize the Chairman to sign the Notice of Award and authorization for the High Risk Rural Road project contract between Johnson County and Jensen Excavation. Eitel seconded, motion carried.

     Wildeman moved to accept the bid from Rocky Mountain Oilfield Communications regarding the old tower at the proposed Justice Center site. Eitel seconded, motion carried.   

     Eitel moved to authorize the Chairman to sign and accept the quote from CXT Inc, for a precast concrete vault toilet facility to be located at the Mikesell -Potts area. Wildeman seconded, motion carried. This will be paid for by Recreation District funds.

     Wildeman moved to authorize the Chairman to sign the joint agreement between Johnson County and Groathouse Construction regarding the retention account for the new Justice Center as reviewed and approved by Deputy County Attorney Crago. Eitel seconded, motion carried. 

     Eitel moved to sign the lease agreement with Pacific Power AKA PacifiCorp, after review by Deputy County Attorney Crago. Wildeman seconded, motion carried. This agreement regards the lease of property at the Johnson County airport for the Rocky Mountain Power communication site.  

     Eitel moved to re-appoint David Straub and Hugh Turk to the Harold Jarrard Park Board. Wildeman seconded, motion carried.

     Wildeman moved to re-appoint Kathy Urruty and Howard Ohr to the Johnson County Library Board. Eitel seconded, motion carried.

     Eitel moved to re-appoint Joe Stohrer to the Northern Wyoming Mental Health Board. Wildeman seconded, motion carried.

     Wildeman moved to re-appoint Barbara Madsen to the Jim Gatchell Museum Board. Eitel seconded, motion carried.

     Wildeman moved to re-appoint Allen Streeter and Virginia Watt and newly appoint Jim Gampetro to the One Percent Committee. Eitel seconded, motion carried.

     The Commissioners held a bid opening regarding fuel bids at 10:00 AM. After an in depth discussion and a conference call with Don Seals, Eitel moved to award the bid to Don Seals Enterprises Inc, DBA Big Horn Petroleum. Wildeman seconded, motion carried.   

     Eitel moved to refund 2009 taxes for Williams Production RMT Co for $212.12 and $778.49 as directed by State Directive #2010-0525, for $342.66 by State Directive #2010-0457 and for $38,509.24 by State Directive #2010-0483. Wildeman seconded, motion carried.

     Wildeman moved to reduce 2007 taxes for Black Diamond Energy Inc for $66,131.43 by State Directive #2010-0452 and for RDG O& G LLC for $10,874.74 by State Directive #2010- 0410. Eitel seconded, motion carried. 

     Wildeman moved to cancel 2007 taxes for Burton Enterprises for $10,005.68, 2008 taxes for $12,502.84 and 2009 taxes for $12,066.27, 2009 taxes for Ray Pelloux for $491.58, for Justin E Heller for $17.23, for Thos Wachsmuth for $22.04, for Backside Restaurant for $34.40, for Clear Creek Golf for $121.37and for Boone Bros Welding for $34.39, as recommended by County Assessor Dorothy Elsom. Eitel seconded, motion carried.

     Chairman Fink acknowledged supplemental tax assessment by State Directives for 2007 taxes for Anadarko Petroleum Corp for $257,693.36 by #2010-0427, for 2008 taxes for $17,203.99 by #2010-0458, for 2009 taxes for $150.79 by #2010-0414, for Williams Production RMT Company for $12.47 by#2010-0520, for $29.86 by #2010-0522, for $61,382.67 by#2010-0435 and for $11,626.43 by#2010-0435.

     Rob Yingling, County Planner and Jerry Osborn, Asst. Planner reviewed various subdivisions they are working with. Other items discussed were: the zoning regulations project and two potential illegal subdivisions.

    After review by Deputy County Attorney Crago Wildeman moved to approve the two vehicle trade-ins requested by Sheriff Steve Kozisek. Eitel seconded, motion carried.

     Items discussed with Barry Crago, Deputy County Attorney were: feral animal legislation and the possible need for a Resolution and a potential dog nuisance resolution, a past due T-hangar rent, adjustment to the Joint Powers Board Agreement and a janitorial agreement regarding the Annex “A” building.

     At 1:00 PM the regular meeting was adjourned to the Board of Health meeting. At 1:20 PM the regular meeting resumed.

     Randy Money, GIS/IT coordinator for Johnson County discussed the parcel layer options for public availability and whether or not to charge for the information would be appropriate, with the Commissioners. The Commissioners will follow up on this subject with the County Attorney.

      At 2:30 PM the regular meeting adjourned to the Criminal Justice Center Joint Powers Board meeting. At 3:10 PM the regular meeting resumed.

     Eric Voris, GSG Architecture representative, discussed Change Orders #1 and #2 regarding the new Justice Center. Eitel moved to authorize the Chairman to sign Change order #1. Wildeman seconded, motion carried. Wildeman moved to authorize the Chairman to sign Change Order #2. Eitel seconded, motion carried.

     Mike Wolcott, Harold Jarrard Park Board member discussed the HJP reserve account regarding memberships. The usage of the reserve account was explained to Wolcott.

    Rick Erb, Attorney representing Monte Means, discussed a partial vacation of lots within the Rock Creek Estates plat. After discussion Attorney Erb, Deputy County Attorney Crago and County Planner Yingling will work together on the potential vacation of these lots.

     At 4:30 PM Eitel moved to go into executive session regarding potential litigation. Wildeman seconded, motion carried. At 5:15 PM the regular meeting resumed.

     Other items discussed were: a request regarding the fairgrounds drawings and a feasibility study completed by GSG Architecture regarding a potential multipurpose building, a billing name regarding the new Justice Center power service, the 2010-2011 budget, potential dates for the Board of Equalization tax protest hearings and a continuing access issue regarding a lot in the Cross III subdivision.

     With no further business Wildeman moved to adjourn the meeting at 5:35 PM. Eitel Seconded, motion carried.

  Gerald Fink,  Commissioner Chairman              Linda Barnhart, County Clerk 

Special Meeting June 25, 2010 

     At 9:00 AM on June 25, 2010, Commissioner Chairman Gerald Fink opened the Special Meeting regarding final bill paying, budget, and the Industrial Road Program (IRP) application. In attendance were: Commissioners Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart, and Commissioners Assistant Peggy Sillivan.

     At 9:15 AM a hearing was held to amend the 2009-2010 budget. Wildeman moved to adopt Resolution # 404 amending the fiscal year 2009-2010 budget. Eitel seconded, motion carried. This resolution regards three budget accounts and allows these budgets to meet the final bill paying process.

     Wildeman moved to adopt Resolution #406 regarding the IRP application. Eitel seconded, motion carried. This resolution regards an application to the Industrial Road Program through the State of Wyoming regarding the proposed Trabing road project.

     Wildeman moved to approve the 2009-2010 final bill paying vouchers. Eitel seconded, motion carried.

 Vouchers reviewed and approved were:

Board of County Commissioners Meeting –June 15, 2010

      The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday June 15, 2010 by Chairman Gerald Fink. Those in attendance were: Commissioners Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioner’s Assistant Peggy Sillivan.

     Eitel moved to approve the minutes of the June 1, 2010 meeting. Wildeman seconded, motion carried.   

     Wildeman moved to authorize the Chairman to sign the Johnson County Community Wildfire Protection Plan. Eitel seconded, motion carried.

     Wildeman moved to authorize the Chairman to sign the Notice of Award for AIP (Airport Improvement)  Project No 3-56-0003-15 Wyoming Department of Transportation No BYG-05A & BYG-05B. Eitel seconded, motion carried.  

     After discussion regarding the completion of project 3-56-003-13&14/Rehabilitation of Runway 13/31 at the Johnson County Airport, Eitel moved to authorize the Chairman to sign the “Sponsor Certification “between Johnson County (sponsor) and the US Department of Transportation, Federal Aviation Administration. Wildeman seconded, motion carried.

     Wildeman moved to award the request for three-one day Malt Beverage permits for July 9th through 11^th, 2010 for the Big Horn Mountain Festival held at the Johnson County Fairgrounds with proper fees attached. Eitel seconded, motion carried.

     Eitel moved to award the request for two-one day Malt Beverage permits for the American Legion Post #13 for August 7^th and 8^th, 2010 at the Johnson County Fairgrounds, with proper fees attached. Wildeman seconded, motion carried.

     Eitel moved to approve Resolution #405 amending Resolution #402. Wildeman seconded, motion carried. This amendment regards the amount changing from $75,000 to $41,250 for the Lake DeSmet Counties Coalition Emergency Maintenance Fund reserve account.

     Wildeman moved to approve the Memorandum of Understanding between Johnson County and the Bureau of Land Management regarding the Development of the Environmental Impact Statement for the Buffalo Resource Management Plan. Eitel seconded, motion carried. This regards the Cooperating Agency status between the named entities.

     Commissioner Chairman Fink acknowledged supplemental 2009 taxes for Lance Oil & Gas Company Inc for $62,252.78 and $2,681.70 by State Directive #2010-0297, and for $837.28 by State Directive #2010-0301, for 2009 taxes for Williams Production RMT Company for $468.93 by State Directive #2010-0331, for Anadarko Petroleum Corp for 2007 taxes for $6.75 by State Directive 2010-0356 and for $17,438.93 by State Directive #2010-0365.

     Debby Lynch reviewed the Volunteers of America services to Johnson County. After Lynch's update, Wildeman moved to authorize the Chairman to sign the OJJDP grant contract administrated by VOA, regarding juvenile offenders, contingent on funding. Eitel seconded, motion carried. Wildeman moved to authorize the Chairman to sign the VOA contract between VOA and the Johnson County Commissioners for the term of July 1, 2010 through June 30, 2011. Eitel seconded, motion carried. This regards Juvenile Probation Services for Johnson County.

     At 10:30 AM Eitel moved to adjourn the regular Commissioners meeting and move into a County Board of Equalization. Wildeman seconded, motion carried. At 10:32 the regular meeting resumed.

     At 11:00 AM the Commissioners opened a single bid submitted for the radio tower removed and replaced by a new radio tower regarding the Justice Center project. After discussion regarding the bid submitted by Rocky Mountain Communications Systems Eitel moved to table acceptance of the bid and that the Commissioners would take this issue under advisement. Wildeman seconded, motion carried.

     Wildeman moved to refund 2009 taxes for Lance O&G Co. Inc. for $53,623.65 and for $1220.61 by State Directive #2010-0308, for Williams Prod RMT for $156,605.14 by State Directive #2010-0313, for $2,875.34 by State Directive #2010-0323 and for $552.72 by State Directive 2010-0332, for 2007 taxes for Anadarko Pet Corp for $19,556.38 by State Directive #2010-0356 and for Anadarko E& P Co LLP for $2,652.66 by State Directive #2010-0397. Eitel seconded, motion carried.

     Tim Schenk and Erik Voris, representing GSG Architecture, gave an update on the Justice Center project. After discussion Wildeman moved to accept the contract from Grizzly Engineering to do the materials testing. Eitel seconded, motion carried.

     Sheriff Steve Kozisek discussed a software program for the dispatch emergency communications system regarding Sheriff/Police department and potential funding for this program.

     Rob Yingling, County Planner, and Jerry Osborn, Assistant, reviewed various subdivisions his department is working with at this time. Joe Jarvis, Developer of the Cross Three subdivision was in attendance. Yingling presented for signatures, the Amended Mylar Plat of the Cross Three Subdivision. The amended plat was approved at the June 1, 2010 Commissioners meeting. Wildeman moved to approve the Findings of Fact, Conclusions of Law and Order regarding the subdivision. Eitel seconded, motion carried. Eitel moved to waive the plat filing fee for the Cross III Amended plat. Wildeman seconded, motion carried.

     Other items discussed by Yingling and Osborn were: zoning regulations project work session dates, potential usage of the Planner’s office for “Meet the Candidates meetings” in conjunction with the Buffalo Bulletin and the Chamber of Commerce, the status of the dog resolution, and State statutes regarding fences and cattle guards.

     Wildeman moved to authorize the Chairman to sign the First Amendment to the H1N1  contract between the Wyoming Department of Health, Community and Public Health Division, Public Health Nursing Section and Johnson County Nursing, contingent on the review of the County Attorney and the Attorney General’s office. Eitel seconded, motion carried.

     Wildeman moved to authorize the Chairman to sign the LT101 Amendment Number One to Contract between Wyoming Department of Health, Aging Division and Johnson County Public Health Nursing. Eitel seconded, motion carried.

     Eitel moved to approve the 2009 reduction of taxes for Karen Buffington for $540.18 and for $285.83 as recommended by the Johnson County Assessor. Wildeman seconded, motion carried.

      John (Don) Hall, Arthur (Coog) Myers, Dick Branaman, board members, Doug Shimic, Manager and Tom Pilch, Engineer, discussed issues regarding the Solid Waste District and forthcoming requirements to the district. The group discussed the possibility of putting a question to the voters on the November General Election ballot regarding a mill levy for the district. After further discussion Eitel moved to allow a question to be placed on the General Election ballot  regarding the Johnson County Solid Waste District requesting a mill levy not to exceed (one) mill. Wildeman seconded, motion carried.       

     Scott Pehringer, Road & Bridge Supervisor updated the Commissioners regarding various road projects he and his crew are working on at this time. Other items he discussed regarded political signage and safety issues and a generator maintenance issue regarding Public Health.    

      Items discussed with Deputy County Attorney Crago were: the dog resolution, the Yak resolution, and the Justice Center project and a Joint Powers Agreement he is working on.  

     Other items discussed and reviewed were: a driveway access issue, a pubic access issue, a document presented for their review, a break-in at the airport, a response letter to Don Conklin, a T-hangar past due rental issue, a janitorial contract regarding the Annex “A” building, a potential meeting to be set up with the Department of Revenue and potential hearing dates regarding the 2010 tax protests.   

     With no further business Wildeman moved to adjourn the meeting at 5:07 PM. Eitel seconded, motion carried.

Gerald Fink, Commissioner Chairman              Linda Barnhart, Johnson County Clerk  

Board of County Commissioners Meeting June 1, 2010

     The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday June 1, 2010 by Commissioner Chairman Gerald Fink. Those in attendance were: Commissioner Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioners Assistant Peggy Sillivan.

Eitel moved to approve the minutes of the May 18, 2010 Regular meeting and May 21, 2010 Special meeting. Wildeman seconded, motion carried.

     Marilyn Connolly, Emergency Manager for Johnson County, discussed the Homeland Security Public Safety Interoperable Communications (PSIC) grant and the WYOLINK program in relationship to the new radio tower at the proposed Justice Center. She also discussed disposal options regarding the tower that was replaced by the current tower.

     John and Laura DeMatteis had an in-depth conversation with the Commissioners regarding the Yak Resolution dealing with Yaks running at large passed at a prior meeting of the Commissioners. John DeMatteis stated they have a meeting with a judge regarding the resolution.

     After review by the Commissioners, Wildeman moved to authorize the Chairman to sign the Memorandum of Understanding between the Johnson County Sheriff, the Buffalo Police and the Department of Justice regarding the Edward Byrne Memorial Justice Assistance Grant (JAG). Eitel seconded, motion carried. This regards the purchase and installation of computers at the Criminal Justice Center.

    At 10:30 AM Wildeman moved to go into a County Board of Equalization. Eitel seconded, motion carried. The regular meeting resumed at 10:50 AM.

     Dave Bostrom, Ray Phillips, Taylor Haynes, MD and Beth Wasson Executive Director, all representing MBA Insurance gave an annual review to the Commissioners. The County holds it’s employee health insurance policy with MBA. After the presentation Wildeman moved to authorize the renewal of the specific reimbursement with carrier Munich Re/Carinstone and the change of the specific reimbursement rate to $30,000. Eitel seconded, motion carried.

     Sheriff Steve Kozisek discussed the need of renting a storage unit for evidence and other materials during the transition to the proposed Justice Center. He will follow-up with the Commissioners regarding this project.

     Eitel moved to grant a one day catering permit to the Century Club regarding the Pig Wrestling Tournament to be held June 12, 2010 at the Johnson County Fair Grounds with the proper fees attached and contingent on a permission letter from the City of Buffalo. Wildeman seconded, motion carried.

     Eitel moved to award the Congestion Mitigation Air Quality (CMAQ) contract to Oxford Inc waiving the bonding process providing the vendor lowers the cost of the project by the bond fee amount. Wildeman seconded, motion carried.

     Tom Newell, Randy Dyess and Jim McLaughlin, representing the Johnson County Airport, gave an annual review regarding the airport.

     Toni Cervenka, representing the Community Resource Center, discussed the application for the TANF grant for the Buffalo Children’s Center she has applied for previously.

Eitel moved to allow Cervenka to make this application again. Wildeman seconded, motion carried. This grant regards payment for extended daycare hours.

     Wildeman moved to appoint Richard (Rick) Myers to the board of the Pete and Ann Gorgen Fund Charitable Trust. Eitel seconded, motion carried.

     At 3:00 PM at Public Hearing was held regarding the amended plat of the proposed Cross Three Subdivision. Barry Crago, Deputy County Attorney for Johnson County served as the Hearing Officer. Commissioner Fink asked those speaking to come to the front table for the sake of the recording. Attending and speaking were Attorney Tonia Hanson, representing the developer, Joe Jarvis. Attorney Hanson spoke regarding the amended plat and the inclusion of plans for the mitigation of water rights conflict and the request from the developer that the Commissioners approve the amended plat as recommended by the Planning and Zoning Commission. Attorney Kendall Hoopes, representing adjacent land owner Betty Kauffmann, spoke regarding the lack of a water mitigation plan and the amended plat falling short of the courts’ order. Richard Frankovic, agent for Frankovic Trust, commented on a letter presented to the Commissioners earlier that day. After further discussion and consideration Commissioner Wildeman moved to approve the subdivision as presented and upon the recommendation of the Planning & Zoning Commission. The motion died for the lack of a second. Commissioner Eitel then moved to take the issue under advisement. Commission Chairman Fink seconded and motion carried with Commissioner Wildeman voting nay. The hearing adjourned at 3:30 PM.

     County Planner Rob Yingling and Assistant Planner Jerry Osborn discussed and reviewed various subdivisions they are working with at this time. Also discussed with Yingling and Osborn was the forthcoming Zoning Regulations project work session to be held after the regular Planning and Zoning meeting.

     After further in-depth discussion regarding the Amended Cross III Subdivision plat, Wildeman moved to go with the Planning & Zoning Commission recommendation approving the Amended Plat and to authorize Attorney Crago to prepare the Findings of Fact and Conclusions of Law to be presented with the Mylar to be signed at the June 15, 2010 meeting. Eitel seconded, motion carried.    

     After review Wildeman moved to accept change order #2 from Sabre Tower & Poles regarding the radio tower project and the proposed Justice Center. Eitel seconded, motion carried.

     The Commissioners reviewed three renewal scholarship applications and after discussion Wildeman moved to award the renewal to Matt Carr. Eitel seconded, motion carried.

     Tom Casey and Ben Adams discussed a proposed Dog Resolution with the Commissioners. After a lengthy discussion Attorney Crago will follow up and write a resolution to be reviewed at the June 15, 2010 meeting.

      The Court Appointed Special Advocates (CASA) asked for a letter of support endorsing the Child Advocacy Services of the Big Horns. Wildeman moved to allow this request for a letter of support for CASA. Eitel seconded, motion carried. All three Commissioners signed the letter.

     Eitel moved to refund 2009 taxes for Devon Energy Corp for .06 cents as directed by State Directive 2010-0283. Wildeman seconded, motion carried.

     Chairman Fink acknowledged three supplemental tax assessment for RDG Oil & Gas LLC  for 2008 taxes for $1,083.85 as created by State Directive #2010-0324 and for 2009 taxes for Lance Oil & Gas Company Inc for $12,716.98 and for $17,423.62 as created by State Directive #2010-0277 and #2010-0275.    

     Items discussed with Barry Crago, Deputy County Attorney were: redoing the Yak Resolution and a cattle nuisance issue.

     Other items discussed were: the inspection of the Tindall jail cells by Rick Backes of Reilly Johnson Architects, the Volunteers of America contract, road maintenance and hauling issues regarding Campbell County, potential repair on the Red Hills road, an Order on the Motion to lift the Stay regarding the Sand Creek Subdivision, a new wellness program regarding the MBA Insurance, a letter from Don Conklin, definitions regarding Neighborhoods versus LEA’s and  the number of current tax protests.

 Vouchers reviewed and approved were:

Board of County Commissioners Meeting May 4, 2010

     The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday May 4, 2010 by Commissioner Chairman Gerald Fink.. Those in attendance were: Commissioner Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioners Assistant Peggy Sillivan.

     Eitel moved to approve the minutes of the April 20, 2010 regular meeting. Wildeman seconded, motion carried.

     Verna Lawrence, representing the Johnson County Community Youth Center, discussed changing the 1% allocation usage regarding the JCCYC. The Commissioners agreed to the new usage regarding doors, heavy duty rugs, floor refurbishing and a potential submersible pump.  Lawrence was asked to write a letter regarding the usage change.

     After review by the Commissioners, Wildeman moved to authorize the Chairman to sign a Cooperative Agreement between the Wyoming Department of Family Services Child Support Enforcement Unit and the Johnson County Clerk of District Court. Eitel seconded, motion carried. This allows access to the Posse Web database.

     Eitel moved to authorize the Chairman to sign the Application for the Federal Assistance-Runway Overlay project #3-56-0003-15BYG-05A&B. Wildeman seconded, motion carried.

     County Planner Rob Yingling and Assistant Planner Jerry Osborn reviewed various subdivisions they are working with at this time Yingling presented the final plat of the Stapleton Minor Subdivision. After review Wildeman moved to accept this final plat as recommended by the Planning and Zoning Commission. Eitel seconded, motion carried.

     Other items discussed with Yingling and Osborn were: the Zoning Regulations project work session, a proposed statute regarding water rights conflicts, the Klondike Trail Clean-Up day and Yingling’s vacation.

     Rande Money, GIS/IT Coordinator for Johnson County discussed a security system for the Annex B building with the Commissioners. Wildeman moved to approve the proposal from Comtronix Communication Electronics, Inc. Eitel seconded, motion carried.

     After discussion Eitel moved to authorize the Chairman to sign the Sponsor Certification for the Overlay of the Runway. Wildeman seconded, motion carried. A review of the certificate was done by John Manee, Armstrong Consultants.

     Eitel moved to approve the User Agreement between Johnson County and the Buffalo Lions Club regarding the Annual Fishing Derby at Mikesell Potts Recreation Area at Lake DeSmet from May 29^th through May 31^st 2010. Wildeman seconded, motion carried.

     Eitel moved to authorize the Chairman to sign the Amendment to the Road Records Project. Wildeman seconded, motion carried. This amendment allows for an extension of time for the project.

     After an in-depth discussion Wildeman moved to authorize the Chairman to sign and accept the Quit Claim deed between the First Reinstated Robert G Stuckert Trust and Johnson County. Eitel seconded, motion carried. The Stuckert Trust willed .06 acres to Johnson County adjacent to the airport property.

     Wildeman moved to authorize the Chairman to sign the exclusive right to sell contract with Coldwell Banker/Smith Brokerage regarding the Smith Trust property. Eitel seconded, motion carried.

    After review Wildeman moved to accept the County road/ROW agreements listing for #199-398. Eitel seconded, motion carried.

     Eitel moved to grant a one day catering permit for The Wild Bunch Luau Fund Raiser held at the Johnson County Fair Grounds on 6/5/2010 with proper fees attached. Wildeman seconded, motion carried.

     Chairman Fink acknowledged a supplemental tax assessment for Pennaco Energy Inc for 2009 for $5,590.37 created by State Directive #2010-0232.

     After review Wildeman moved to award a Johnson County Scholarship to Paul Manning from Kaycee, Wyoming with the alternate being David Chadwick, and Elizabeth Danielson and Russell Merrill from Buffalo with the alternates being Seth Lueders and Megan Belus. Eitel seconded, motion carried.   

     Ken Reid, developer, representing Lake DeSmet Properties, LLC discussed property tax assessment issues with the Commissioners

      Tim Schenk and Erik Voris, GSG Architecture and Rick Backes, Reilly/Johnson Architecture, reviewed the proposed Justice Center project bids. Wildeman moved to accept Alternative 1 – regarding the sewer line PVC pipe and Alternative 2 – regarding the Duress Alarm System. Eitel seconded, motion carried.   

     At 3:00 PM Dave Engels, Entech Inc, gave a presentation regarding the Storm Water Sewer Drainage design regarding the proposed Justice Center project. Engels presented Alternative 3 and 3A. In attendance in a “special meeting” of the City Council were: City Council members including Mayor Robert “Skip” Hancock, Councilpersons Randy Dyess, Bruce Hepp, Patty Reid and Russell Humphrey. Also in attendance were: City Planner Brian Grubb, City Public Works Director, Les Hook, City Attorney Ben Kirven and City Clerk/Treasurer Julie Silbernagel. After discussion amongst the group in attendance with the Commissioners, Councilman Dyess moved to accept Alternative #3. Councilman Hepp gave a second and their motion carried. Wildeman moved to accept Alternative #3 as presented by Engels. Eitel seconded, motion carried.

     Wildeman moved to authorize GSG/Reilly Johnson to do a site visit to the manufacturer to inspect the pre-cast cells for the proposed jail. Eitel seconded, motion carried.

     Donna Wichers, Senior Vice-President-ISR Operations representing Uranium One and Bob Tarantola, Consultant, gave a presentation to the Commissioners regarding the Irigaray Mine and Christensen Facility.     

     At 4:30 PM Wildeman moved to recess the regular meeting to the City Council meeting in session at the Buffalo City Hall building. Eitel seconded, motion carried.

      The Commissioners and Attorney Crago spoke with the Council and Mayor about three issues. They regarded: the ownership of the land under the proposed Justice Center, the cap on the percentage amount for the operation of the proposed Justice Center and the relocation of the recycle center buildings. Resolution occurred when the Council voted to remove the cap of the 18% on the operations of the proposed Justice Center and to have the County relocate the Recycle buildings when and where the recycle board determines with no time limit. After a very lengthy discussion between the Council and the Commissioners and their respective attorneys’ and comments from Marilyn Connolly, an audience attendee, Patty Reid, Council person moved to transfer title of the property under the Criminal Justice Center to Johnson County. Councilmen Dyess seconded, Council persons Hepp and Humphrey voted nay and Mayor Hancock voted yay and the motion carried.

     The Commissioners resumed the regular meeting at 6:25 PM in the County Courthouse. With resolution to the three issues discussed at the City Council meeting, Wildeman moved to grant the intent to award the contract for the proposed Justice Center to Groathouse Construction. Eitel seconded, motion carried.

     At 7:12 PM Wildeman moved to go into executive session regarding litigation, personnel and potential land acquisition. Eitel seconded, motion carried. At 7:45 PM the regular meeting resumed.

     Eitel moved to authorize the Chairman to sign the certificate of completion on the fairgrounds water line project. Wildeman seconded, motion carried.

     Wildeman moved to cancel 2007 taxes for Stephanie Zacher for $227.27 as recommended by County Assessor Dorothy Elsom. Eitel seconded, motion carried.

     Wildeman moved to authorize the Chairman to sign the amendment to the service agreement with GSG Architecture. Eitel seconded, motion carried. This amendment regards inspection fees and adjustment to costs regarding Entech Inc.      

     Items discussed with Barry Crago, Deputy County Attorney were: Yak verbiage for a notice to the public, a custodial contract, statutes regarding publishing resolutions and a cattle nuisance issue.

     Other items discussed were: a contract regarding prisoner meals, the Wildland Fire Annual Management Plan, the Hazelton road, citizen’s liquor license comments, the proposed Justice Center furniture, County Road 76, security buttons in the Treasurer’s office, the Courtroom door, a discussion with Attorney Dave Palmerlee regarding Lake Desmet Counties Coalition issues, Search & Rescue disposal of vehicles and delinquent taxes.

 Vouchers reviewed and approved were:

Board of County Commissioners Meeting –April 20, 2010

      The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday April 20, 2010 by Chairman Gerald Fink. Those in attendance were: Commissioners Delbert Eitel, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioner’s Assistant Peggy Sillivan. Commissioner Albert “Smokey” Wildeman was excused from the meeting.

     Eitel moved to approve the minutes of the April 6, 2010 meeting with the correction of Paul Wright representing the State Forestry Service only. Fink seconded, motion carried.

    Chairman Fink adjourned the regular meeting to a County Board of Equalization meeting at 9:06 AM and at 9:08 AM the regular meeting resumed with Greg Smith and Bob Snowden representing Coldwell Banker Realty, discussing the Smith Trust property owned by Johnson County and potential listing prices. 

     Bonnie Scranton, President of the Cloud Peak Ranchettes Homeowners Association, discussed covenant and nuisance issues in this subdivision. She also requested signage regarding the “Habitat for Humanity” association to potentially be placed on the Smith Trust property. The Commissioners will take this issue under advisement. 

     Eitel moved to authorize the Chairman to sign the Agency Agreement for project No. 3-56-0003-15/Grant#2746 between the State of Wyoming, acting by and through the Wyoming Department of Transportation, Aeronautics Division and Johnson Count. Fink seconded, motion carried. This project is for the asphalt overlay of the airport runway.

     After discussion Eitel moved to pass Resolution #402 establishing the Lake DeSmet Counties Coalition Emergency Maintenance Fund in the amount of $75,000. Fink seconded, motion carried. This creates an account for the Joint Powers Board of the LDCC to utilize these funds if necessary for unseen emergencies. 

     Eitel moved to appoint Marilyn Novotny as a member at-large on the Child Support Authority Board. Fink seconded, motion carried. County Clerk of District Court Thelma Axberg and County Commissioner Delbert Eitel also serve on this board.

     Eitel moved to give a one day catering permit to JCE, Inc dba Century Club for the Boys and Girls Club Texas Hold’Em Tournament at the Johnson County Fairgrounds Community Building on 04/24/10 with fees attached and contingent on a permission letter from the City of Buffalo. Fink seconded, motion carried.

      Eitel moved to give a one day catering permit to the Rocky Mountain Elk Foundation for a banquet to be held at the Johnson County Fairgrounds Community Building on 05/1/10 with the proper fees attached and contingent on a letter of permission from the City of Buffalo. Fink seconded, motion carried. 

     Marilyn Connolly, Johnson County Emergency Manager discussed the proposed Justice Center and issues with the radio tower.

      Eitel moved to authorize the Chairman to sign the lease agreement between Johnson County and the Johnson County Rural Health Care District Lease. Fink seconded, motion carried.        

     Rob Yingling, County Planner and Assistant Jerry Osborn, reviewed various subdivisions their department is working with at this time. Eitel moved to authorize the Chairman to sign the partial release of funds from escrow regarding the Sand Creek Subdivision and the Improvements Agreement regarding the electrical system. Fink seconded, motion carried.

     Other items discussed by Yingling and Osborn were: Zoning Regulations Project work session dates and the Wyoming Planning Association Annual Spring Conference in Thermopolis on Aril 22 and 23^rd, 2010.

     At 11:50 AM a Public Hearing was held for an amendment to the budget regarding the OJJDP budget-F-17. Eitel moved to authorize the Chairman to sign Resolution $#401 regarding this amendment to the budget. Fink seconded, motion carried.

     At 1:00 PM Chairman Fink adjourned the regular meeting to the Board of Health meeting. At 1:45 PM the regular meeting resumed.

    Eitel moved to authorize the Chairman to sign the contract between Wyoming Department of Health, Community and Public Health Division, Public Health Nursing Section and Johnson County. Fink seconded, motion carried. This contract is a two year contract regarding the two State nurses that work for the Public Health Department.

     Chairman Fink acknowledged two 2009 supplemental tax bills for Petro-Canada for $35,464.75 and for Sonny Jarrard $196.31 as created by County Assessor Dorothy Elsom.

     Eitel moved to refund 2009 taxes for Petrox Resources for $42,495.222 as recommended by County Assessor Dorothy Elsom. Fink seconded, motion carried.

     Eitel moved to authorize the Chairman to sign the Amendment to the Agreement between Johnson County Commissioners and Bighorn Surveying & Engineering, LLC regarding the Road Record Research project. Fink seconded, motion carried.

     Patsy Jenkins gave a presentation to the Commissioners regarding Court Appointed Special Advocates (CASA) program.

     At 2:20 Eitel moved to go into executive session regarding litigation. Fink seconded, motion carried. At 2:30 PM the regular meeting resumed.

     Eitel moved to release the press release regarding the Sand Creek Development, III, Inc. assessment appeal. Fink seconded, motion carried. 

     At 2:30 PM the regular meeting was adjourned by Chairman Fink to the Criminal Justice Center Joint Powers Board meeting. At 3:30 PM the regular meeting resumed.

     Josh Johnson, Big Horn Surveying, discussed an invoice presented to the County regarding the fairgrounds waterline project. After discussion regarding clarity of the invoice the Commissioners concurred with the final invoice.

  Scott Pehringer, Road & Bridge Supervisor, discussed various road projects he and his crew are working on at this time and discussed the projects regarding the 2010-2011 fiscal budget year.

     Rick Durfee requested an executive session at 4:30 PM and Eitel moved to go into executive regarding personnel. Fink seconded, motion carried. The regular meeting resumed at 5:04 PM.

     Eitel moved to pass Resolution #403, regarding a nuisance ruling regarding yak animals at-large and Wyoming statute 11-31-301. Fink seconded, motion carried. Proper notice will be placed in the newspaper of record in the County.

      Items discussed with Deputy County Attorney Crago were: dogs at large, a Custodial Contract and the Annex “A” building and a letter to the City regarding the propsed Justice Center project.    

     Other items discussed were: a security system for the Annex “B” building, tentative dates for budget work sessions, County awarded scholarships, copies of letters regarding the Wilderness Association and the tractor shed located on the south County parking lot.

     With no further business Eitel moved to adjourn the meeting at 5:55 P.M. Fink seconded, motion carried. 

ATTEST:

Gerald Fink, Commissioner Chairman              Linda Barnhart, Johnson County Clerk                                                                                                        

Board of County Commissioners Meeting April 6, 2010

     The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday April 6, 2010 by Commissioner Chairman Gerald Fink.. Those in attendance were: Commissioner Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioners Assistant Peggy Sillivan.

     Wildeman moved to approve the minutes of the March 16, 2010 regular meeting and the March 24 and March 30, 2010 Special meetings as presented. Eitel seconded, motion carried.

     After review and discussion Eitel moved to authorize the Chairman to sign the Congestion Mitigation/Air Quality (CMAQ) Agreement for Fiscal Year 2010 – federal Project: CM0.00 CM 1006, between the Wyoming Department of Transportation and the Board of Johnson County Commissioners. Wildeman seconded, motion carried

     A Modification of Grant or Agreement with the US Forest Service regarding radio frequencies was discussed and Eitel moved to authorize the Chairman to sign this Modification Agreement. Wildeman seconded, motion carried. 

     After discussion Wildeman moved to authorize the Chairman to sign the Underground Right of Way Agreement with Powder River Energy regarding the proposed Rural Health Care building in Kaycee. Eitel seconded, motion carried.

     Wildeman moved to authorize the Chairman to sign the Right of Way Agreement between Qwest Corporation and Johnson County regarding the Smith Trust property. Eitel seconded, motion carried.

     After discussion Eitel moved to authorize the Chairman to sign the Energy Minerals Counties Coalition (EMC2) Members Joint Powers Board Agreement. Wildeman seconded, motion carried. Eitel serves as a Commissioner liaison to this board and explained the name change of this board which used to be called the Coal Bed Methane board and the status of activities concerning this board.

     At 10:00 AM there was a hearing held regarding an application for a Retail Liquor license for applicant Jeannie Simmons dba Dino’s. After in-depth discussion with Simmons regarding this application Wildeman moved to take this license under advisement for further information from the Wyoming Liquor Division regarding the lease and to give the Commissioners time to do a walk through of this business. Eitel seconded, motion carried. Attending and commenting was Randy Dyess.

     Randy Dyess, representing the Airport Board discussed the Self Fueling System that is proposed for the airport.  After discussion Eitel moved to authorize the Airport Board to establish a fuel account for electronic transfers and to pursue avenues with vendors for payment of fuel. Wildeman seconded, motion carried.

     Dyess also discussed the qualifications for the person to do the Level One Water Development Study.

     At 1:00 PM Sergeant Jason Carder and Dispatcher Joyce Gallant presented a Records Management Software program they hope could be purchased for the Criminal Justice Center to be utilized by the City and the County officers. The proposal is to use E-911, County and City monies to fund this project. Other entities to be approached for funding are the two fire districts and the Rural Health Care District.

     John Hanson, Scott Rogers and Wayne Nelson discussed a nuisance issue regarding Yak animals and their properties and cattle on the mountain. After a lengthy discussion Wildeman moved to have Deputy County Attorney Crago write a nuisance resolution regarding Yak animals for the Commissioners review. Eitel seconded, motion carried. Also in attendance and commenting was Mike Harper. Various animal health issues were discussed.

     County Planner Rob Yingling and Assistant Planner Jerry Osborn reviewed various subdivisions their department is working on at this time.  Other items discussed were: the Zoning Regulations project work session, the draft Revision of the Johnson County Subdivision Regulations, the new law regarding the Planning & Zoning Secretary position, the Fairgrounds Master Plan meeting, a pre-bid meeting regarding the proposed Justice Center and an upcoming Subdivision workshop and Wyoming Planning Association Annual Spring Conference.

      Joyce Inchauspe, representing the local Basque Club,  requested a letter of support from the Commissioners in conjunction with the City of Buffalo, the Chamber of Commerce and DJ’s Grocery store regarding the North American Basque Organization and a grant application for an upcoming Festival to be held in Buffalo in July 2011. Eitel moved to give this letter of support in conjunction with the entities mentioned. Wildeman seconded, motion carried.

     A telephone conference was held with Attorney Dennis Kirven regarding a Quitclaim Deed from the estate of Robert Stuckert granting the County a portion of land equally .06 acres near the airport. The Commissioners had questions regarding this property and this issue was tabled for further information.

     At 3:00 PM two salary resolutions regarding elected officials salaries for the years of 2011-2012-2013 and 2014 were discussed. In attendance and commenting were: Sheriff Steve Kozisek, Assessor Dorothy Elsom and Clerk of District Court Thelma Axberg. Also commenting was Clerk Linda Barnhart. After discussion Wildeman moved to approve Resolution #400. Fink seconded, motion carried. Commissioner Eitel voted nay to the resolution.

     Sheriff Steve Kozisek and Search & Rescue representative Dave Loden met with the Commissioners to discuss property and liability insurance issues and ownership regarding Search and Rescue vehicles. Disposal of vehicles was also discussed. Clerk Barnhart will check with the auditor regarding advertising and disposal of these vehicles. On going training of the volunteers of this group of was also discussed.

     Paul Wright, representing the State Forestry Service/BLM, discussed a Resource Management Plan west of the town of Kaycee. Wilderness study areas and fire issues were also discussed. 

     Upon the advice and recommendation of County Clerk Linda Barnhart, Wildeman moved that there are eight election districts in Johnson County and they shall remain the same for the 2010 election year as per Wyoming Statute 22-7-101. Eitel seconded, motion carried.   

     Items discussed with Barry Crago, Deputy County Attorney were: The fact that all elected officials are affected by the salary resolution, liquor license issues, a letter from the City of Buffalo regarding the proposed Justice Center and letters received by the Commissioners regarding the Wilderness Association.

     At 4:30 PM Eitel moved to adjourn the regular meeting to the County Board of Equalization. Wildeman seconded, motion carried. At 5:00 PM the regular meeting resumed.

     After a lengthy discussion regarding the new Wyoming Retirement law, enrolled act No. 27, original Senate act No. 0072, affecting the Public Employee Pension System enacted by the Legislature of Wyoming, effective September 1, 2010, Wildeman moved the employer pay the 1.44% portion and the employee pay the 1.43% portion of the 2.87% of the employees gross salary as mandated by this law. Eitel seconded, motion carried.  This affects amendments to: Wyoming Statutes 9-2-1022(a) (xi) (F) (IV), 9-3-412 (a) (b) and (c) and 9-3-413.

     Wildeman moved that Deputy County Attorney Crago draft a letter to the City of Buffalo regarding the Justice Center project. Eitel seconded, motion carried.

     Other items discussed were: the Justice Center Plan copies, an invoice from Big Horn Surveying regarding the Fairgrounds Waterline project, the Airport’s Grant in Aid Certificate and approval by the State, a contract regarding the Public Health Department State Nurses, a potential Countywide Clean Up project, Aflac supplemental insurance, District budgets due date, a pre-bid meeting on the proposed Justice Center on April 8, 2010, Coldwell Banker and the potential sale of the Smith Trust property and computer wiring issues regarding the Clerk of Courts office.

 Vouchers reviewed and approved were:

Special Meeting March 30, 2010

     At 1:30 PM on March 30, 2010, Commissioner Chairman Gerald Fink opened the Special Meeting regarding litigation. In attendance were: Commissioners Delbert Eitel and Albert “Smokey” Wildeman,
County Clerk Linda Barnhart and Commissioners Assistant Peggy Sillivan.

     At 1:30 PM Wildeman moved to go into executive session regarding litigation. Eitel seconded, motion carried.

     The Special meeting resumed at 2:45 PM and Eitel moved to adjourn the special meeting at 2:45 PM. Wildeman seconded, motion carried.

 Attest:

 Gerald Fink, County Commissioner Chairman     Linda Barnhart, Johnson County Clerk

Special Meeting March 24, 2010

     At 9:30 AM on March 24, 2010, Commissioner Vice-Chairman Albert “Smokey” Wildeman opened the Special Meeting regarding storm water drainage and the proposed Justice Center. In attendance were: Commissioners Delbert Eitel, Albert “Smokey” Wildeman, County Clerk Linda Barnhart, and Commissioners Assistant Peggy Sillivan.

     In attendance and commenting were: Mayor Robert “Skip” Hancock, Councilman Randy Dyess, Patty Reid, Bruce Hepp and Russ Humphrey and Brian Grubb, City Planner, Les Hook, City Public Works Director, Tim Schenck, GSG Architecture and David Engels, Entech Inc. Also in attendance were: Buffalo Chief of Police, Mike Chapman, Sheriff Steve Kozisek and City Clerk Julie Silbernagel.

     Engels gave a power point presentation with four alternatives showing various configurations of storm water drainage projects.

     There was an in-depth discussion regarding this power point presentation and the various alternatives. Mayor Hancock stated for the benefit of the City of Buffalo and Johnson County the school track alternative was the choice to make. The councilmen agreed with the Mayor. Commissioners Wildeman and Eitel also agreed with the Mayor. A motion was made by Councilman Hepp to proceed with the school track alternative for the installation of the storm water drain regarding the proposed Justice Center. Dyess seconded, motion carried. With the Commissioners in agreement Eitel moved to proceed with the school track alternative for the installation of the storm water drain regarding the proposed Justice Center. Wildeman seconded, motion carried.

     With no further business Eitel moved to adjourn the special meeting at 10:20 AM. Wildeman seconded, motion carried.

Albert “Smokey” Wildeman, County Commissioner Vice-Chairman    

Linda Barnhart, Johnson County Clerk

Board of County Commissioners Meeting –March 16, 2010

      The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday March16, 2010 by Chairman Gerald Fink. Those in attendance were: Commissioners Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioner’s Assistant Peggy Sillivan. Commissioner Delbert Eitel was excused during the afternoon portion of the meeting.

     Wildeman moved to approve the minutes of the February 24, 2010 Special meeting and the March 2, 2010 regular meeting as presented. Eitel seconded, motion carried.

     Rande Money, IT/GIS Coordinator for Johnson County discussed issues regarding the Assessor’s Annex B office building. A security monitoring system was discussed and Money will get proposals for the Commissioners to review. 

     Tom Newell, Airport Board Chairman, discussed various airport projects. He also presented the slate of officers of the airport board being; Tom Newell, Chairman, Randy Dyess, Vice-Chairman, Jim Martin, Secretary and Treasurer Kirk Kavanagh. Eitel moved to approve the slate of officers for the Airport Board. Wildeman seconded, motion carried. Attending and speaking about airport projects were; John Manee and Tadd Warner representing Armstrong Consultants Inc. After discussion Wildeman moved to authorize the Chairman of the County Commissioners to sign Attachment “H” to the Professional Services Agreement between Johnson County and Armstrong Consultants, Inc. for overlay of the runway, apron safety enhancement and to widen Connector Taxiway A2. Eitel seconded, motion carried. Wildeman moved to authorize the Chairman to sign the 2010 Disadvantaged Business Enterprise (DBE) program regarding the Johnson County Airport. Eitel seconded, motion carried. Wildeman moved to authorize the Chairman to sign grant applications BYG-05 A and B regarding improvements at the Johnson County Airport. Eitel seconded, motion carried.

     Brian Grubb, City Planner, discussed a consensus block grant and requested a letter of support from Johnson County, a participating entity, to reduce the match requirement to the State Lands and Investment Board on behalf of the City of Buffalo. A request letter for support from Johnson County has been received from the Town of Kaycee also. Eitel moved to support the requests by drafting a letter to the SLIB board regarding the City of Buffalo and the Town of Kaycee match percentages for the consensus block grant. Wildeman seconded, motion carried.

     Wildeman moved to adopt Resolution #399 opposing the proposal for “Wilderness Designation” in the Rock Creek area. Eitel seconded, motion carried.

     Clerk Linda Barnhart presented the current deductible amount and fees for the Local Government Liability Pool Insurance that Johnson County participates in at this time. After discussion Wildeman moved to raise the deductible to $5,000. Eitel seconded, motion carried.

    At 10:00 AM the meeting was recessed for the Commissioners to attend a Video Conference at the Veterans Home regarding the State Lands and Investment Board.

     The regular meeting resumed at 1:00 PM with Linda Lobeck discussing the Fairgrounds Master Plan with the Commissioners. Lobeck will update the Commissioners on this project as it proceeds. 

     Bob Ruby stopped in to thank the Commissioners for their part in the letter sent to him regarding his service on the Planning & Zoning Commission board.

     Rob Yingling, County Planner and assistant Jerry Osborn, reviewed various subdivisions their department is working with at this time. An affidavit of boundary line adjustment regarding Brian P and Margaret Ruth Dunfee to HALO LLC was presented and Wildeman moved to approve this boundary line adjustment as recommended by the Planning & Zoning Commission. Fink seconded, motion carried. Other items discussed by Yingling and Osborn were: Zoning Regulations Project work sessions, a revised draft of the Johnson County Subdivision Regulations and the Planning & Zoning Commission Secretary position and new statutory requirements regarding this position.

     Duane Spencer, Bureau of Land Management field manager, updated the Commissioners on BLM projects.

     Mayor Skip Hancock discussed the storm drain proposals from Entech, Inc. Professional Engineers of Sheridan, regarding the proposed Justice Center project.

     A presentation on “Urban Sprawl” was given by some members of the Future Farmers of America. Those participating were: Kaylee Reimler, Britnee Borgialli, Bryce McKenzie, Katy Giles and Dennis Zezas. Jake Evans, FFA Advisor was also in attendance and commented.

     Upon the request of Clerk Barnhart at 3:40 PM Wildeman moved to go into executive session regarding personnel and potential litigation. Fink seconded, motion carried. The regular meeting resumed at 4:10 PM.

      Scott Pehringer, Road & Bridge Supervisor, discussed various road projects he and his crew are working on at this time and updated the Commissioners on issues regarding the Fairgrounds water line project. 

     Wildeman moved that the Chairman sign the Powder River Fire District lease. Fink seconded, motion carried.  The lease was reviewed by the County Attorneys office.  

    Chairman Fink acknowledged two 2007 supplemental tax bills for Lance Oil & Gas Company Inc. for $49,572.85 and for $5,177.18 as created by State Directive #2010-0118 and 2010-0124,  for Exxon Mobil Corporation for 2008 taxes for $199.81 by State Directive #2010-0103, for 2009 taxes by State Directive # 2010-0147 for Devon Energy Production Co LP for $23,800.51, by #2010-0141for Petro-Canada Resources (USA) Inc, for $10,367.53 and by State Directive #2010-0150 for Opti-Gas for $2,884.71.

     Wildeman moved to refund 2007 taxes for Wyoil Corp for $ 1,718.93 by State Directive 2010-0157. Fink seconded, motion carried.      

     Wildeman moved to approve a reduction in 2008 taxes for Lance & Oil & Gas Co. Inc. for $33.69 by State Directive 2010-0129. Fink seconded, motion carried.

     Wildeman moved to cancel 2007 taxes for Pete Maas for $300.44, 2009 taxes for GT Investments for $1,513.31 and for S&B Holdings for $482.28 as recommended by County Assessor Dorothy Elsom and for 2009 taxes for Devon Energy for $23,800.51 by State Directive #2010-0147. Fink seconded, motion carried.

     After discussion Wildeman moved to authorize the Chairman to sign the Wyoming Department of Environmental Quality Water Quality Application form regarding the storm water drainage installation of water and sanitary sewer facilities for the Justice Center project. Fink seconded, motion carried.           

     Wildeman moved to authorize the Chairman to sign the Mutual Aid Agreement between Washakie County and Johnson County. Fink seconded, motion carried. This agreement regards potential emergency or disaster issues.  

     Clerk Barnhart presented a contract for auditing services from the auditing firm of Porter, Muirhead, Cornia and Howard for the 2009-2010 fiscal year. After discussion Wildeman moved to approve the audit contract. Fink seconded, motion carried.  Next Barnhart discussed new legislation regarding the Wyoming Retirement System and it’s affect to the upcoming budget process, a request from Public Health Nursing Director Ann Jarvis regarding internet service in the Kaycee Public Health office, a contract regarding cleaning services at the Annex A building, issues regarding the Search and Rescue budget, training from CSA for the Treasurers office and a malt beverage permit regarding Betty Miller-dba Powder River Totem Plaza.  

     After discussion Wildeman moved to authorize the chairman to sign the extension application for Hazardous Materials Grant/fund 22. Fink seconded, motion carried.

          Other items discussed were: the Smith Trust property and a letter regarding the Wyoming Department of Transportation and an easement for the storm water drainage project regarding the proposed Justice Center.

     With no further business Wildeman moved to adjourn the meeting at 5:45 P.M. Fink seconded, motion carried.

 ATTEST:

 Gerald Fink, Commissioner Chairman              Linda Barnhart, Johnson County Clerk

  Board of County Commissioners Meeting March 2, 2010 

     The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday March 2, 2010 by Vice-Commissioner Chairman Albert “Smokey” Wildeman. Those in attendance were: Commissioner Delbert Eitel, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioners Assistant Peggy Sillivan. Commissioner Chairman Gerald Fink was excused.

     Eitel moved to approve the minutes of the February 16, 2010 meeting as presented. Wildeman seconded, motion carried.

     Scott Pehringer, Road & Bridge Supervisor, discussed the Fairgrounds waterline project. After a lengthy discussion regarding the project, Eitel moved to approve the new bid and contract from Windcreek Services Inc., number X448, regarding the fairgrounds waterline project. Wildeman seconded, motion carried.

     Pehringer also discussed various road projects the Road & Bridge Department is working on at this time as well as the Justice Center project and Congestion Mitigation Air Quality funding. 

     Sheriff Steve Kozisek presented a contract with the Natrona County Commissioners and Sheriff for prisoner detention. After discussion Eitel moved to authorize Vice-Chairman Wildeman to sign the contract with Natrona County. Wildeman seconded, motion carried.

     Eitel moved to appoint Frank Pratt Jr. to the joint City/County position on the Mountain Plains Heritage Park board. Wildeman seconded, motion carried.

     Eitel moved to approve the tax refund for Lance Oil & Gas for 2007 taxes by State Directive #2010-0081. Wildeman seconded, motion carried.

     Bids for the Radio Tower at the proposed Justice Center were opened at 10:00 AM.  There were five bids: Collins Communications, Inc., Colton Tower Consultants, Inc., Sabre Communications Corp., Wireless Advanced Communications and Wright Brothers, the Building Company. Marilyn Connolly, Emergency Manager and Tim Schenk, GSG Architecture were in attendance. These bids will be reviewed and possibly be awarded later in the regular meeting.   

     Tim Schenk, GSG Architecture, presented the Professional Services Agreement #2 to proceed with additional services on the Justice Center project. Eitel moved to authorize the Vice-Chairman to sign the agreement. Wildeman seconded, motion carried. The additional services regard the radio tower near the proposed Justice Center.             

     Eitel moved to send a letter to the City of Buffalo to waive building permit fees for the relocation of the radio tower. Wildeman seconded, motion carried.

     Eitel moved to draft a letter supporting the Open EAJA Act of 2010 (Equal Access to Justice Act). Wildeman seconded, motion carried. This regards attorney and expert fees awarded and paid by tax payer dollars and currently allows government agencies to sue government agencies.

     Eitel moved to appoint Jennifer Spegan as a joint City/County position on the Recycle board. Wildeman seconded, motion carried.

     County Planner Rob Yingling and Assistant Planner Jerry Osborn reviewed various subdivisions their department is working on at this time. He also requested a signature on an escrow release letter for the Sand Creek Conservation Community Subdivision Eitel moved that the Vice Chairman sign the release letter with invoice #4882. Wildeman seconded, motion carried. Other items Yingling and Osborn discussed were; the zoning regulations project and a boundary adjustment issue.

     After review and presentation of the radio tower bids by Tim Schenk, GSG Architect, Eitel moved to award the tower bid contract regarding the proposed Justice Center to: Sabre Communications Corporation. Wildeman seconded, motion carried. An award letter will be sent by Schenk.

     Eitel moved to have the Chairman or Vice-Chairman sign the corrected Tindall Contract when received. Wildeman seconded, motion carried.    

     Items discussed with Barry Crago, Deputy County Attorney were: the Powder River Fire District lease, the Rural Health Care District lease and survey of the property, the Wilderness Resolution, the Contract on the potential sale of the Smith property, a letter regarding taxes owed, a Mutual Aid Agreement with Washakie County, a dog resolution, a letter regarding a livestock issue, an upcoming hearing regarding the constitutionality of a statute, the proposed Justice Center and By-pass Easements.

     Other items discussed were: the County insurance, a video conference on March 16, 2010 at the Veterans Home regarding State Lands and Investments funding, a letter concerning Wyoming Department of Transportation property and an upcoming National Association of County Officials meeting in Billings.  

Vouchers reviewed and approved were:

Special Meeting February 24, 2010

      At 1:00 PM on February 24, 2010, Chairman Gerald Fink opened the Special Meeting. The purpose was for the selection of contractors for the proposed Justice Center. In attendance were: Commissioners Delbert Eitel, Albert “Smokey” Wildeman, County Clerk Linda Barnhart and Commissioners Assistant Peggy Sillivan.

     In attendance and commenting were; Tim Schenk and Eric Voris, GSG Architecture and Rick Backes, Reilly Johnson Architecture.

     At 1:05 PM Eitel moved to go into executive session to consider or receive information classified as confidential by law. Wildeman seconded, motion carried.

     The regular meeting resumed at 3:03 PM.

     The Commissioners were updated on the storm water drain issue and the relocation of the Qwest telephone line regarding the tower and the proposed Justice Center.

     With no further business Eitel moved to adjourn the special meeting at 3:18 PM. Wildeman seconded, motion carried.

 Attest:

Gerald Fink, County Commissioner Chairman      Linda Barnhart, Johnson County Clerk               

Board of County Commissioners Meeting –February 16, 2010 

     The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday February 16, 2010 by Chairman Gerald Fink. Those in attendance were: Commissioner Albert “Smokey” Wildeman, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioner’s Assistant Peggy Sillivan. Commissioner Delbert Eitel was excused.

     After discussion of a lease regarding a portion of City property the Assessor’s office trailer resides on, Wildeman moved to authorize the Chairman to sign the lease agreement between the Town of the City of Buffalo and Johnson County, contingent on a review by the County Attorney. Fink seconded, motion carried.

     Joe & Michelle Reiner discussed the residential and grazing lease that regards the County property they reside on. Wildeman moved to approve the two leases as presented by Deputy County Attorney Crago. Fink seconded, motion carried.

     Chairman Fink acknowledged two 2007 supplemental tax bills for Lance Oil & Gas Company Inc. for $530,449.48 and for $58,998.70 as created by State Directive #2010-0081 and for Pete Maas for 2007 taxes for $300.44 for 2008 taxes for $305.70 and for 2009 taxes for $289.96 as recommended by County Assessor Dorothy Elsom.        

     Wildeman moved to approve a reduction in 2009 taxes for Amanda L Adami for $481.67, and tax cancellations for 2008 taxes for Wyoming Machinery for $1,327.42 and 2009 taxes for Gerry and Marie Miller for $26.36. Fink seconded, motion carried.

     Ross Elliot gave a proposal requesting Johnson County to be a partner in the Buffalo Development Association. Attending and commenting were: Angela Jarvis, Chamber Director, Margo Brown, store owner, Bob Zimmerschied, store owner, Bruce Hepp, City of Buffalo Councilman and City Planner Brian Grubb. All of these persons serve on the BDA board.

     Marilyn Connolly, Emergency Manager, discussed the bid process regarding the proposed radio tower site at the proposed Justice Center site with the Commissioners.

     Rob Yingling, County Planner, reviewed various subdivisions his department is working with at this time. Other items discussed by Yingling were: a Zoning Regulations Project work session, a letter of appreciation regarding former Planning and Zoning Commission board member Bob Ruby and various legislative bills.

     Wildeman moved to appoint Geoff Jensen to the Airport Board. Fink seconded, motion carried.    

     Scott Pehringer, Road & Bridge Supervisor, discussed various road projects he and his crew are working on at this time and updated the Commissioners on issues regarding the Justice Center Project, the Fairgrounds water line project and budget issues for the 2010-2011 budget. 

     Deputy County Attorney Crago discussed the documents regarding the pending tower at the Justice Center, the potential agreement with the City regarding water taps, the forthcoming Rural Health Care District lease, the proposed Powder River Fire District lease, the By-Pass road and easements, a letter regarding a livestock issue and a potential meeting and a proposed dog resolution.

     Sam Littlefield with Third Planet Wind Power and Dave Phillips with CH2M-Hill gave a power point presentation regarding the Reno Junction Wind Power project.    

     Kendra Childers and Sara Domack with the Wyoming Wilderness Association gave a presentation on the proposed Rock Creek Wilderness designation.

     Wildeman moved to approve the minutes of the February 2, 2010 regular meeting and the February 3, 2010 Special meeting as presented. Fink seconded, motion carried.

     Wildeman moved to authorize the Chairman to sign Amendment #1 to the Professional Service Agreement with GSG Architecture. Fink seconded, motion carried. This amendment regards the design of the storm water project and the proposed Justice Center.

     At 3:05 PM Wildeman moved to go into executive session regarding litigation. Fink seconded, motion carried. The regular meeting resumed at 3:23 PM.

     Other items discussed were: the Murphy Creek Bridge and the Bureau of Land Management, a potential board appointment for the Commerce Park Joint Powers Board, a letter regarding the Buffalo Livestock Auction, legislation issues, a proposed contract between Johnson County and Coldwell Bankers regarding a County property listing contract and a letter to the Wyoming Department of Transportation regarding the potential availability of property.  

     With no further business Wildeman moved to adjourn the meeting at 3:27 P.M. Fink seconded, motion carried. 

Gerald Fink, County Commission Chairman                   Linda Barnhart, Johnson County Clerk

                      Special Meeting February 3, 2010

     At 1:00 PM on February 3, 2010 Commissioner Chairman Gerald Fink opened the Special Meeting regarding storm water drainage and the proposed Justice Center. In attendance were: Commissioners Delbert Eitel, Albert “Smokey” Wildeman, County Clerk Linda Barnhart and Commissioners Assistant Peggy Sillivan.

     In attendance and commenting were: Mayor Robert “Skip” Hancock, Councilman Randy Dyess and Patty Reid, Brian Grubb, City Planner, Tim Schenk, GSG Architecture and David Engels, Civil Engineer, Entech Inc.

     Schenk and Engels both want direction from the City and County Officials as to what direction they should work toward.

     Engels gave a power point presentation with six alternatives showing various configurations of storm water drainage projects.

     There was in depth discussion regarding this power point presentation and Mayor Hancock stated that the City would pay 50% of a feasibility study done to show which alternative will be the best to proceed forward for the benefit of the City of Buffalo and Johnson County. A motion was made by Councilman Dyess to proceed with the feasibility study with the City of Buffalo paying 50% of the cost using alternative #4 or #6 whichever is least expensive and to pay 50% of the off-site cost of installation of the storm drain. Reid seconded, motion carried. With the Commissioners in agreement Wildeman moved to amend the agreement with GSG and to add the feasibility study for alternative #6 with the agreement with the City of Buffalo to pay 50% of the feasibility study. Eitel seconded, motion carried. Wildeman moved to pay 50 % of the off-site cost of installation of the storm drain with the City of Buffalo paying the 50% balance. Eitel seconded, motion carried.

     With no further business Wildeman moved to adjourn the special meeting at 1:52 PM. Eitel seconded, motion carried.

 Gerald Fink, County Commissioner Chairman      Linda Barnhart, Johnson County Clerk 

Board of County Commissioners Meeting February 2, 2010

      The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday February 2, 2010 by Chairman Gerald Fink. Those in attendance were: Commissioners Albert “Smokey” Wildeman and Delbert Eitel, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioners Assistant Peggy Sillivan.

     Wildeman moved to approve the minutes of the January 19, 2010 meeting as presented. Eitel seconded, motion carried.

     Marilyn Connolly, Emergency Manager, gave an update to the Commissioners regarding the bidding process for the tower project for the proposed Justice Center. She also discussed and stressed the need for a committee regarding the emergency radios licensing procedures, or a designee or point of contact to oversee the radios licenses. 

     Randy Dyess, Johnson County Airport board member, discussed a change of expenditures within the existing budget. He requested on behalf of the board that monies in the capital expenditure line be used toward the self-fueling station’s mounting costs. These monies would be used for the self fueling station instead of for the lobby renovation that was originally requested during the budget session. After further discussion the Commissioners were in agreement to allow this change in expenditure that is within the current budget.          

      Eitel moved to approve Resolution #398 regarding nepotism verbiage and the employee personnel policy. Wildeman seconded, motion carried.  The Commissioners will determine whether nepotism can occur within a department if the situation arises    

     At 9:50 AM there was a public hearing regarding amending the budget. Wildeman moved to pass Resolution #396. Eitel seconded, motion carried. This amendment regards the Health Insurance line of the General County budget.

     At 10:00 AM there was a public hearing regarding renewals and a transfer of Liquor Licenses. After review and discussion Wildeman moved to approve renewal of Retail Liquor Licenses for: PRC Two Inc dba Paradise Guest Ranch, South Fork Mountain Resort LLC dba South Fork Mountain Resort, Purdy Investments LLC dba Cowboy Saloon, Geis Enterprises Inc dba the Wolf Den and HIB LLC dba Hampton Inn & Suites, Restaurant Liquor Licenses for: Herr-Baron of Wyoming Inc dba The Winchester Steakhouse, HF Bar Ranch Inc dba HF Bar Ranch, EST LLC dba Folded Hills, and TA Guest Ranch dba TA Guest Ranch, a Malt Beverage Liquor License for Betty J Miller dba Powder River Totem Plaza and a Fraternal Club License for the Johnson County Moose 2675 dba Johnson County Moose 2675. Eitel seconded, motion carried.  Eitel moved to approve the transfer of the retail liquor license from the Out West Outfitters LLC dba Out West Outfitters to the Lake Stop LLC dba the Lake Stop. Wildeman seconded, motion carried.

    Joe Jarvis, Developer and Tonia Hanson, attorney, representing the developer of the Cross Three Subdivision, met with the Commissioners regarding Judge John G. Fenn’s ruling on this subdivision. The subdivision was remanded back to the County Commissioners with the Court reversing the approval of the subdivision application and requiring a water conflict mitigation plan for the Cross Three Subdivision. Jarvis and Hanson had a water conflict mitigation plan  with them and wanted to present it to the Commissioners for review. After a lengthy discussion Jarvis and Hanson were advised that they need to go back to the Planning and Zoning Commission and start the process completely over resubmitting the information on the proposed subdivision in order to satisfy all procedures for subdivision approval. In attendance and commenting were Kendal R. Hoopes, attorney for Betty Kauffman, Petitioner/Appellant regarding the Cross Three Subdivision civil action court case and Rob Yingling, County Planner.

     The Commissioners had a teleconference with Tim Schenck and Eric Voris, GSG Architecture, regarding the Justice Center project and the storm water issue and an addendum to the contact with GSG. .

      Eitel moved to authorize the Chairman to sign Amendment #3 regarding the Johnson County Employee Healthcare Plan. Wildeman seconded, motion carried. This amendment regards the eligibility of the Fair and Solid Waste District employees.

     Blaine Horn, Agriculture Extension Agent for Johnson County gave the Commissioners an update on various programs the Extension Office offers. A team of North East area educators attending and sharing about their programs offered through the Agriculture Extension office were: Vicki Hayman, Scott Hininger, Bill Taylor, Gene Gade, Tammy Hepp and Kentz Willis.

      County Planner Rob Yingling and Assistant Planner Jerry Osborn reviewed various subdivisions their department is working on at this time.

     Other items Yingling and Osborn discussed were; the zoning regulations project, water rights mitigation issues regarding the Cross III Subdivision and a vacancy on the Planning and Zoning board.    

     Greg Goddard, Deputy County Attorney, discussed the conservation easement located on Fred & Linda Dowd’s property. Goddard stated that the “Scenic Conservation Easement” will by court order be the property of Johnson County again.

     Jim Dodson, auditor, with Porter Muirhead, Cornia and Howard gave an overview of the audit of the County’s 2008-2009 fiscal year budget.  In attendance was Molly Levine, auditor with the above named firm.

          Wildeman moved to approve tax refunds for 2009 taxes for Thunder Creek for $40,507.73 and for $15,108.05, as recommended by County Assessor Dorothy and tax refunds for DIRECTV Inc for $932.13 & $1,001.26 by State Memo dated January 22, 2010 and for Rocky Mt Power for $2614.51, $934.04 & $184.00 by State Memo dated January 29, 2010, and 2009 tax cancellations for Thunder Creek for $13,529.37 and for $15,108.05 as recommended by County Assessor Dorothy Elsom. Eitel seconded, motion carried

     Greg Smith and Bob Snowden with Coldwell Bankers Realty discussed the Smith Trust property the County owns and methods to sell this property. They will research further and apprise the Commissioners of their findings in the near future.

     Eitel moved to approve tax reductions for Basco Creek for 2009 taxes for $8,855.70 as recommended by County Assessor Dorothy Elsom. Wildeman seconded, motion carried. Eitel moved to approve a tax cancellation for $38,046.44 for Tyro Drilling Co. for 2002-2009 taxes as recommended by County Assessor Dorothy Elsom. Wildeman seconded, motion carried.

     Jeff Stoll presented a bill for plowing the Hazelton road and discussed this road and issues involving it. Bill Harnish, area resident, was in attendance and also commented.

     Scott Pehringer, Road & Bridge Supervisor, discussed new equipment his staff is trying out and issues regarding the Hazelton road.

          Wildeman moved to appoint Scott Mills to the Planning & Zoning Commission Board. Eitel seconded, motion carried.

     Eitel moved to reappoint Rod Litzel to the Predatory Animal Board. Wildeman seconded, motion carried.

    After discussion regarding the Primary and General election dates Wildeman moved to change the date of the regular Tuesday meeting of the County Commissioners on November 2, 2010 to Friday November 5, 2010. Eitel seconded, motion carried. The Commissioners chose to wait and determine at a later date what the date of the second meeting for August 2010 may be changed to.

     Deputy County Attorney Barry Crago discussed various things he is working on for the County at this time. He presented a lease regarding the Powder River Fire District and two leases regarding Joe & Michelle Reiner and the King property for the Commissioners to review before the next Commissioner’s meeting. He will review the HR 980 congressional bill and the proposed wilderness resolution. He will be talking with City Attorney, Ben Kirven regarding the proposed Justice Center. He also discussed a lease he is working on regarding the Rural Health Care District and a proposed ambulance barn in Kaycee to be located on Johnson County Property, a dog resolution, a letter regarding a livestock issue, the by-pass road and easements, the Murphy Creek Bridge and the Cross Three subdivision application process.      

     Other items discussed were: tree trimming on the King property, the bill for shredding of County documents, the upcoming Legislative dinner on February 11, 2010 in Cheyenne and the potential offer for sale of a parcel of Wyoming Department of Transportation property.

 Vouchers reviewed and approved were:

Board of County Commissioners Meeting –January 19, 2010

     The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday January 19, 2010 by Chairman Gerald Fink at the Annex “A” building. Those in attendance were: Commissioners Delbert Eitel and Albert “Smokey” Wildeman, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioner’s Assistant Peggy Sillivan.

     Wildeman moved to approve the minutes of the January 5, 2010 regular meeting as presented. Eitel seconded, motion carried.

     The Commissioners and Marilyn Connolly, Emergency Manager, reviewed a bid document she drafted regarding a proposed radio tower site at the proposed Justice Center site. This document was discussed at length, and GSG Architecture personnel will discuss this document with the Commissioners and Connelly.

     Crosby Taylor, contractor and Emergency Medical Technician (EMT) from Kaycee, discussed the Rural Health Care District ambulance barn proposed to be built in Kaycee on Johnson County Property. In attendance and commenting were board members, Dottie Smith and Marilyn Connolly. Maps of the project were reviewed and advertisements and easements were discussed.

     Tim Schenk and Eric Voris, GSG Architects, Rick Backus, Reilly Architects, Dave Engels, Entech Inc. and Paul Waldum and Scott Forester, Department of Environmental Quality, met with the Commissioners to discuss the Justice Center Project. After a lengthy discussion Eitel moved to authorize the Chairman to sign the request for qualifications for a Construction Manager General Contractor. Wildeman seconded, motion carried.

     At 1:00 PM the regular meeting was adjourned to the Board of Health meeting. The regular meeting resumed at 1:30 PM.

    After discussion, Eitel moved to approve Resolution # 397 Opposing the Northern Rockies Ecosystem Protection Act (HR#980). Wildeman seconded, motion carried. This bill is currently in the Unites States Congress and regards various additional areas to be designated as wilderness in the “Greater Yellowstone Ecosystem” including the Big Horn National Forest.

      Wildeman moved to authorize the Chairman to sign the revised contact (Subaward Agreement) between Johnson County and Volunteers of America contingent on the County Attorney’s review. Eitel seconded, motion carried. This revised contract modified various reports, added Federal Audit requirements and lengthened the time frame of the original contract. This contract regards the Fund 17 grant in the budget.

     Rob Yingling, County Planner and Jerry Osborn, Assistant Planner, reviewed various subdivisions they are working with. Yingling also presented the final plat for the re-subdivision of lots 7-9 of block 20 in Richardson Park Subdivision, to be approved as recommended by the Planning and Zoning Commission. Eitel moved to approve this re-subdivision final plat. Wildeman seconded, motion carried. Jon Markovsky is the owner and developer of this property.

     Other items discussed by Yingling were: an amendment to the contract agreement with Pedersen Consultants, Zoning Regulations Project and Planning & Zoning Commission vacancies.

     At 2:30 PM the regular meeting was adjourned to the Criminal Justice Center Joint Powers Board. The regular meeting resumed at 3:05 PM.

     Barry Crago, Deputy County Attorney, discussed the  proposed Justice Center and storm water issues regarding the County and the City, a nepotism document and the County handbook that the Commissioners will review, a Memorandum of Understanding document regarding the Murphy Creek Bridge that the Commissioners will review, a lease document regarding the Powder River Fire District building on County property, a dog resolution meeting and a lease agreement regarding the King property and the Reiners.   At 4:03 PM Wildeman moved to go into executive session with the Deputy County Attorney regarding litigation. Eitel seconded, motion carried. At 4:15 PM the regular meeting resumed.

     Scott Pehringer, Road & Bridge Supervisor, discussed various road projects he and his crew are working on at this time. Other items he discussed were the Roads Record Study that is nearly finished, an upcoming Congestion Mitigation Air Quality meeting, and a Safe Routes to School Comprehensive Plan.

     Chairman Fink acknowledged two 2007 supplemental tax bills for Lance Oil & Gas Company Inc. for $85,304.25 as created by State Directive #2010-0016 and for Devon Energy Production Co. LP for $292.73 by State Directive #2010-0001.

     Connolly returned and further discussed concerns she has regarding the proposed radio tower and site regarding the proposed Justice Center. She also discussed specifications for the bid process.

     Other items discussed with Connolly regarded the Rural Health Care District and the propsed Ambulance barn in Kaycee. Connolly is a Rural Health Care District board member. After discussion Wildeman moved to approve the concept of the Rural Health Care District ambulance building being placed on Johnson County property in Kaycee. Eitel seconded, motion carried. This motion is contingent on the development of a lease agreement, the creation of a utility easement with Powder River Energy Corporation and a legal description that will be needed.

     Wildeman moved to approve refunds of 2008 taxes for Petrox Resources Inc for $28,286.52 and 2009 taxes for Thorofare Resources Inc. for $844.22. Eitel seconded, motion carried.

     Other items discussed were: a City/County Agreement regarding water, an invoice from the City of Buffalo regarding grinding of trees, a generator agreement regarding Pubic Health, a potential joint public hearing with the City of Buffalo regarding the Rock Creek Wilderness, a Safe Route to School program, the Annex “A” building regarding an attic ventilation issue that the architect has dealt with, the EMC-2 Joint Powers Agreement and a legislative forum to be held in Sheridan.

     With no further business Wildeman moved to adjourn the meeting at 5:40 P.M. Eitel seconded, motion carried.

 ATTEST:

Gerald Fink, Commissioner Chairman              Linda Barnhart, Johnson County Clerk

Board of County Commissioners Meeting – January 5, 2010

     The regular meeting of the Board of County Commissioners was brought to order at 9:00 AM on Tuesday January 5, 2010 by Chairman Gerald Fink. Those in attendance were: Commissioners Albert “Smokey” Wildeman and Delbert Eitel, County Clerk Linda Barnhart, Deputy County Attorney Barry Crago and Commissioners Assistant Peggy Sillivan.

     Wildeman moved to approve the minutes of the December 15, 2009 meeting as presented. Eitel seconded, motion carried.

     After discussion regarding the Chairmanship of the County Commissioners, Eitel moved to reappoint Gerald Fink as Chairman for 2010. Wildeman seconded, motion carried. Eitel moved to appoint Wildeman as Vice Chairman of the County Commissioners for 2010. Fink seconded, motion carried.

      Wildeman moved to approve the disclosures presented for designated County Officials that are in contact with pecuniary funds. Eitel seconded, motion carried.

     Eitel moved to authorize Johnson County Treasurer, Sharon Wagner, to make legal and suitable investments for Johnson County as stated in Wyoming Statutes #9-1-416 and #9-4-831. Wildeman seconded, motion carried.

     Wildeman moved to designate the First National Bank, the First Interstate Bank, the Bank of Buffalo and the American National Bank as depositories for Johnson County. Eitel seconded, motion carried.

     Eitel moved that the Commissioners remain on the Committees they are currently serving. Wildeman seconded, motion carried. Wildeman serves on the Big Horn Mountain Country Coalition and the Commerce Park Joint Powers Board. Fink serves on the Big Horn National Forest Steering Committee and the Lake DeSmet Counties Coalition Joint Powers Board. Eitel serves on the Child Support Authority Board and the Energy Mineral Counties Coalition Board.

     The Commissioners were in agreement to remain as liaisons to boards they have dealt with in the past. Eitel for the Harold Jarrard Park Board, Fink for the Johnson County Fair Board and the Johnson County Library Board and Wildeman for the Jim Gatchell Museum Board and all of the Commissioners to the Planning and Zoning Commission Board.

     Eitel and Wildeman were also in agreement that Fink should remain as a representative to the Board of Directors for the Wyoming County Commissioners Association.

     A public hearing was held to amend the H1N1 Phase III grant-Fund 51. Wildeman moved to approve Resolution #394 amending this grant. Eitel seconded, motion carried. This amendment added a computer engineer service line to this budget.

     After discussion regarding a request for proposal for County owned property that will potentially be put up for sale, Wildeman moved to accept Coldwell Banker’s proposal. Eitel seconded, motion carried.

     Wildeman presented and reviewed a “2010 Census Partner Proclamation” that requests support from the County Commissioners. Wildeman moved to authorize the Chairman to sign the proclamation. Eitel seconded, motion carried.

     Chairman Fink acknowledged supplemental tax bills created by State of Wyoming directive# 2009-1230 for 2006 taxes for $16,687.57 and 2007 taxes for $2,650.74, for Petrox Resources, Inc., for #2009-1236, for 2009 taxes for $240.00 and #2009-1195 for 2009 taxes for $284.71 for Windsor Energy Group LLC and for #2009-1168 for 2009 taxes for $54.67 for Hilcorp Energy Company.

     Eitel moved to approve a tax reduction for the Wanda Nolan Trust for $136.36 as recommended by County Assessor Dorothy Elsom. Wildeman seconded, motion carried.

     County Planner Rob Yingling and Assistant Planner Jerry Osborn reviewed various subdivisions their department is working on at this time.

     Yingling also presented the final plat for the “resubdivision” of Lot 3 of the Livestock Market Park Subdivision. After review Eitel moved to authorize the Chairman to sign the plat. Wildeman seconded, motion carried.

     Yingling discussed the need for a motion approving a contract between Pedersen Consulting and Johnson County on the zoning project contingent on the review of the County Attorney’s review. Eitel moved to approve the contract with the contingency. Wildeman seconded, motion carried.

     Other items Yingling and Osborn discussed were; an upcoming work session regarding the zoning project, water rights mitigation issues regarding the Cross III Subdivision and vacancies on the Planning and Zoning board.

     Scott Pehringer, Road & Bridge Supervisor, discussed the Congestion Mitigation Air Quality Contract application with the Commissioners. Eitel moved to authorize Chairman Fink to sign Resolution #395 regarding the CMAQ application. Wildeman seconded, motion carried.

     Pehringer also discussed various road projects his department is working on at this time.

     Wildeman moved to reappoint Mary Klaahsen to the Johnson County Fair Board. Eitel seconded, motion carried.

     Wildeman moved to reappoint David Spencer to the Planning and Zoning Commission. Eitel seconded. There is still a position open on this board.

     Eitel moved to appoint Helen Jones to the Library Board. Wildeman seconded, motion carried.

     Wildeman moved to appoint Adam Todd to the Lodging Tax Board. Eitel seconded, motion carried.

     Eitel moved to reappoint Linda Ehlers to the Mountain Plains Heritage Park Board. Wildeman seconded, motion carried. There is still a position open on this board.

     Eitel moved to appoint Phil Gonzales to an unexpired term on the Recycling Board. Wildeman seconded, motion carried.

     There were no applications for the Commerce, Airport or Predator Control Boards.

     Kristen Kirven, representing Vocation Rehabilitation, discussed training and equipment to assist Thelma Axberg, Clerk of District Court, with issues she has regarding her eyesight as a result of contracting Steven-Johnson Syndrome. After discussion Wildeman moved to authorize the assistance for Axberg as was presented by Kirven. Eitel seconded, motion carried. County Attorney Chris Wages was in attendance and gave supportive comments.

     Wages remained and discussed the upcoming trial beginning January 18, 2010. He requested usage of the Commissioner’s room during this trial. The Commissioners honored this request and will hold their regular meeting on January 19, 2010 in the Planning and Zoning office in the Annex “A”/Public Health building.

     Kendra Childers and Liz Howell representing the Wyoming Wilderness Association gave a presentation regarding a grazing study and the Rock Creek Wilderness area. Christy Love was in attendance and commented.

        Wildeman moved to approve tax reductions for 2009 taxes for $53,172.79 and for $35,464.75 for Petro-Canada due to an error in their rendition to Johnson County as recommended by County Assessor Dorothy Elsom. Eitel seconded, motion carried

    Eitel moved to cancel 2009 taxes for $20,477.00 for Comet Energy as recommended by Assessor Dorothy Elsom.   

     Deputy County Attorney Barry Crago discussed various things he is working on for the County including a lease regarding the Powder River Fire District, the Reiner lease agreement, an amendment to the County Handbook regarding nepotism, a work session regarding dog issues in the County, a letter regarding a livestock issue, the Cross Three subdivision, the Sand Creek Subdivision, County work sessions and the audits regarding Joint Powers Boards.

     Bruce Hepp, City Councilman, discussed City/County breakfast meetings with the Commissioners. He stated the City will seek an opinion from the Attorney General on this matter.

     Other items discussed were: generator maintenance issues at the Public Health Office and for one at the airport that serves emergency services radios, shredding of County documents, an upcoming Legislative Forum sponsored by the Sheridan Chamber of Commerce, “for sale” vehicles parked on County property and an attic ventilation issue with the Annex “A” building that will be corrected soon.  

 Vouchers reviewed and approved were:

This page last updated on July 29, 2010