STATE OF WYOMING         )                                                                                           LANDER, WYOMING

) ss.                         OFFICE OF THE FREMONT COUNTY COMMISSIONERS

COUNTY OF FREMONT      )                                                                                                            May 22, 2012

The Board of Fremont County Commissioners met in Regular Session at 9:00 a.m. with the following members present:  Chairman Douglas L. Thompson, Vice-Chairman Pat Hickerson, Keja Whiteman, Dennis Christensen and Travis Becker.   County Clerk and Clerk of the Board Julie A. Freese was present.

Travis Becker moved, Pat Hickerson seconded, to approve the Agenda as amended.  Motion carried unanimously.

Travis Becker moved, Keja Whiteman seconded, to approve the Minutes of the May 14, 2012 Special Meeting for budget hearings and May 15, 2012 Regular Meeting.  Commissioner Hickerson abstained from voting on the May 14, 2012 Special Meeting and Commissioner Thompson abstained from voting on the May 15, 2012 Regular Meeting, due to their absence at said meetings.  Motion carried.

Keja Whiteman moved, Travis Becker seconded, to accept the Regular bills for payment.  Motion carried unanimously.

Keja Whiteman moved, Pat Hickerson seconded, to accept a voucher from EBMS for health insurance claims in the amount of $74,837.60.  Motion carried unanimously.

The following items in the Signature File were addressed: 1) Abatement Summary cover sheet; and 2) Record of Proceedings.  Keja Whiteman moved, Travis Becker seconded, to approve an Application/Permit to Construct Access Driveway submitted by Conoco Phillips for Badwater Road.  Motion carried unanimously.

Travis Becker moved, Keja Whiteman seconded, to approve a 24-Hour Malt Beverage Permit to the 1838 Rendezvous Association for July 4, 2012 to July 8, 2012 for the annual reenactment celebration.  Motion carried unanimously.

Travis Becker moved, Dennis Christensen seconded, to approve sending an IT employee to a Computer Forensics Training Class June 18-June 22, 2012 at a cost of $5,500.  Travis Becker moved, Dennis Christensen seconded, to table a decision to approve the training until later in the meeting after having an opportunity to meet with the ISS Supervisor for more information.  Motion to table carried unanimously.  Later in the meeting, Travis Becker moved, Dennis Christensen seconded, to bring the motion off the table.  Present were ISS Supervisor Joni Miller and Network Administrator Kris Worthy who reported the training would cover computer crime, recovering internet usage data, PDA and mobile devices, file deletion and data recovery.  They further stated it would be much more cost effective to have somebody trained in-house as opposed to sending equipment to an outside firm.  Based on the explanation of the course content and cost analysis, the motion to approve the training carried unanimously.

Travis Becker moved, Pat Hickerson seconded, to submit a letter to Tetra Tech stating Fremont County Historic Preservation and Fremont County Government do not see a potential impact to historical properties in regards to the company building a telecommunications tower at 909 Edward Avenue, Riverton, WY.  Motion carried unanimously.

Commissioners Thompson and Hickerson stated their intent to attend a NEPA and Cooperating Agency Training hosted by WCCA in Rock Springs on June 11-12, 2012.  As a result, Pat Hickerson moved, Dennis Christensen seconded, to cancel the Regular County Commissioner meeting scheduled for June 12 and hold regular meetings on June 5, 19 and 26, 2012.  Motion carried unanimously.

Transportation Superintendent Dave Pendleton reviewed a letter he submitted to the Board regarding the newly adopted County Road Fund Manual which requires all asphalt pavement width remain the same for resurfacing or preservation type projects.  He further stated the Eight Mile Road asphalt pavement overlay project falls under this category.  However, the geometry of the existing roadway is not taken into consideration with the requirement but it does allow for a design exception when it is difficult or cost prohibitive to achieve full compliance with the Manual.  Pendleton, along with concurrence from Inberg-Miller Engineers, subsequently requested the Board approve a request for a design exception for the overlay Phase I and II projects to narrow the surface width by two feet.  Pat Hickerson moved, Keja Whiteman seconded, to approve the design exception for Eight Mile Road Phase I and II overlay projects.  Motion carried unanimously.

Dave Pendleton reviewed comments from Mark Keiser of Atlantic City regarding right-of-way issues. Chairman Thompson agreed to join Pendleton on a trip to Atlantic City later in the week to meet with the landowner on site.  Also briefly discussed were transfer station availability concerns regarding two days per month in the Atlantic City area.

Dave Pendleton stated he has knowledge of three used production tanks that could possibly be used to store mag chloride.  In order to be able to get more than the bid from the current supplier (who provides storage tanks for the County), the availability of storage tanks would enable additional bids for just the actual product.  Pendleton stated the 400 gallon tanks are $3,000 each and he has funding in his equipment line item.  There would also be costs for moving and installing the tanks.  Dennis Christensen moved, Keja Whiteman seconded, to purchase the three used storage tanks that could be placed at job sites, if they are in acceptable condition.  Motion carried unanimously.

Commissioner Whiteman asked for clarification of the Diversion Dam bridge design and further asked Dave Pendleton to update the Tribal Transportation Department on the specs for the bridge.

A Public Hearing was held at 9:50 a.m., as advertised, regarding Unanticipated Revenues, Budget Transfers and Capital Assets.  Keja Whiteman moved, Pat Hickerson seconded, to approve Resolution 2012-13, as amended.  Motion carried unanimously.

RESOLUTION 2012-13

FY 2011-12 BUDGET AMENDMENT NO. 14

                WHEREAS, Fremont County adopted the Fiscal Year 2011-12 Budget in accordance with the Wyoming Uniform Fiscal Procedures Act; and

WHEREAS, the Board of Fremont County Commissioners wishes to amend the adopted budget in accordance with the same Act.

NOW, THEREFORE, BE IT RESOLVED that the following budget amendments are made:

Dated this 22^nd day of May, 2012.

BOARD OF FREMONT COUNTY COMMISSIONERS

/s/           Douglas L. Thompson, Chairman

ATTEST:

Julie A. Freese, Fremont County Clerk

A preliminary budget hearing was discussed with the Commissioners by Julie Freese and Mike Stalder.  Present was Sheriff Skip Hornecker and present in the audience was Detention Deputy Lt. Kathy Mosbrucker for the discussion on anticipated shortfalls for the Jail budget.  The hearing will be advertised for the June 5^th meeting.

Communications Repairs.  Present was Carl Freeman, and Sheriff Skip Hornecker.  In 2004FremontCounty started receiving Homeland Security grants for radio equipment and repairs.  Now that there is no grant money for these items, they recommend approximately $40,000 as a budget for this year.  This would be a catastrophic event which could take out an entire single site component.  Commissioner Hickerson questioned if this would be covered under the property insurance.  TheCountyClerk will check into the insurance possibility and report back.  Discussion was also held by Commissioner Whiteman on whether this could be covered under the E-911 budget.  Financial Assistant Mike Stalder noted that this could also be covered under the Dispatch Fund as this is where this equipment is being used.

Juvenile Treatment Court.  Present was Lora Davidson, Program Director and Rebecca Alexander.  Their total budget for the year will be $284,248.30. FremontCounty’s portion will be $46,724.  They receive federal grants, participant contributions and county funds.  They serve approximately 22-25 juveniles per month.  Their program helps to increase community safety and health while reducing future costs to the community by breaking the cycle of abuse of alcohol/drugs and crime.  In coordination with Fremont County’s “single point of contact” continuum of care, their program leverages and coordinates a broad-based coalition of existing community resources to provide addicted/abusing youth and their families with a rigorous system of assessment, court-monitored accountability, supervision, frequent, random drug testing, mental health and substance abuse treatment services.  Discussion was held regarding vehicle replacement for the future as their 3 vehicles were purchased out of their budget.  Lora was asked to work on a replacement scheduling plan and report back.

County Commissioners.  Commissioner Becker drafted the Commissioner’s budget.   WCCA Dues are up $7,000.  Other considerations not in this draft are the Major property taxes of approximately $1,902 as well as water costs which the Clerk will research for the costs.  Other costs are theBunker Road settlement, and mediator costs.  The ACLU appeal costs have still not been billed toFremontCounty.  While reviewing WCCA’s proposed budget Commissioner Whiteman stated she is not in favor of adding a WCCA employee which appears to be the increase in dues to the counties whenFremontCounty is in a salary freeze and employees will likely pay more for insurance.  They discussed being able to make the 5% cuts and not base it on the fact that one commissioner dropped the health insurance.  Reductions at this time are in contractual services, training seminars and travel expenses.  Commissioner Becker discussed whether the dues to FCAG at a cost of $9,000 was a cost effective use of county tax dollars.  Deputy County Attorney Jodi Darrough stated that the courts had received a request from the ACLU on the Commissioner Redistricting appeal in the amount of $89,000.  Jodi stated they are asking for an accounting of their costs.  Under revenues the Major property lease of the house is $6,000/year and the land lease is $12,656 per year.

Washakie District Ranger Steve Schacht and Wind River District Ranger Rick Metzger were present to update the Board on the latest happenings for this field season.  Present in the audience were NRPC Chairman Fred Tammany, Scott Woodruff and Kim Collins.  Schacht reviewed timber programs and prescribed burns.  He further stated the Louis Lake Road would be opened May 25^th, which is one month earlier than last year due to the mild winter conditions.  The Board questioned whether he had coordinated the road opening date with Fremont County Transportation Superintendent Dave Pendleton, whom he indicated he had not.  The Board stated the necessity of County involvement on the Road as it will require County maintenance.  The District received Region funding for the Dickinson Park bridge replacement.  A Resource Advisory Council update was given that included Firewood for Seniors programs which is a partnership with the Wyoming Catholic College.  Mr. Metzger reported on three timber sales and fuel reduction projects and a partnership with the Turkey Foundation for the stewardship foundation.  He also reviewed RAC projects in his area.  General discussion was held regarding Food Storage Orders in place on the south half of the Washakie Ranger District.  Schacht reported that the US Fish and Wildlife Service issued a biological opinion regarding outfitting that impacted food storage orders for those permits only.  He stated the order does not apply to the general public.  The Commissioners stated their concern that Fremont County has a Land Use Plan in place that requires coordination (Section 7) with federal agencies and this was not done on the Food Storage Order.  Commissioner Hickerson stated he had discussions with the Regional Office recommending they ease up on restrictions to cutting dead trees in order to clean up firewood along right-of-ways.  Schacht stated their Office has not heard of any restriction changes to date.  The Board thanked the men for the update and reiterated the necessity for coordination.

Interviews were held with applicants for vacancies on the Fremont County Historic Preservation Commission.  Present for interviews were Kass Harrell and Lynn McRann.  Later in the meeting, Travis Becker moved, Keja Whiteman seconded, to appoint Kass Harrell to fill the remaining one year term and Lynn McRann to fill the vacant two year term.  Motion carried unanimously.

A Public Hearing was held at 1:30 p.m., as advertised, for the purpose of receiving comments regarding proposed seasonal closure of Bunker Road, near Point 11 on the surveyed route.  Suggested minimum time for this closure would be from December 1 to June 1, with the County reserving the right to close the road sooner or leave it closed later, subject to weather related road conditions.  Seasonal closure prohibits motorized travel only, all other forms of travel shall be permissible.  Eleven people were present in the audience with the following speaking in support of seasonal road closure:  Dr. Britt, Jeff Hansen, Mike Bohlen, Sara Krall, Les Pozsgi, Pat McGavran, and Deborah Britt.  Some of the comments further recommended the seasonal closure correspond with BLM seasonal closure dates in this area of December 1 to June 15^th, instead of June 1^st.   It was noted that one comment had been received via e-mail from Dr. Cook supporting seasonal closure as well. There being no further public comment, Chairman Thompson closed the public hearing.  Following discussion regarding an opportunity for further public comment, Travis Becker moved, Keja Whiteman seconded, to accept additional written comments until May 31^st at 5:00 p.m.  Motion carried unanimously.

Transportation Department Office Manager Pennie Buffington and Staff Engineer Bill Masson briefly joined the meeting to discuss a payment for the construction of the Sheriff’s Office impound yard.  As this is a fixed asset, discussion was held regarding the appropriate department to capitalize it.  Even though the Transportation Department performed the work, the Board agreed the asset should be listed on the Sheriff’s Office assets.

Deputy County Attorney Jodi Darrough updated the Board on a request from a relative regarding inability to pay for funeral costs and further stated she had paid $650 towards the Davis Funeral Home bill of $2,879.  As a result of this issue and several prior issues, Darrough distributed a draft Affidavit of Indigency of Deceased Individual that she recommended be given to the funeral homes so they can determine indigency at the time of the death.  Chairman Thompson relayed a conversation he had with Riverton Attorney Bill Winters who had offered to work with the County to set up a better procedure to handle indigency issues.  Following further discussion, the Board determined the individual had already negotiated a price with the Funeral Home and made a payment, so this would not qualify as an indigent burial with County assistance.

Jodi Darrough reviewed FLSA Overtime Exemption for EMT/EMS workers, as she had been absent from the previous meeting when Ambulance Director Lauri Wempen brought the matter to the Board’s attention.  She stated the Fair Labor Standards Act 7K Exemption Rule was changed so that ambulance employees no longer qualifying as emergency workers.  She recommended the Policy Manual be amended under Emergency Medical Technicians to read “emergency medical personnel working as non-benefitted employees will qualify for overtime compensation and be covered by Workers Compensation and liability insurance” and remove the reference to the 7K Exemption Rule, as it no longer applies as these employees will qualify for overtime for hours worked over 40 hours.  Pat Hickerson moved, Travis Becker seconded, that in the best interest of keeping the volunteer base in the Ambulance Department to approve the two proposed changes to the Policy Manual by removing “occasional” employee and “based on the 7K Exemption Rule of the Fair Labor Standards Act”.  Voting against the motion: Doug Thompson, Keja Whiteman and Travis Becker.  Motion failed.  The three Commissioners casting dissenting votes stated they felt more work needed to be done on the Policy change prior to approval.

County Coroner Ed McAuslan was present for the discussion regarding the Board’s intent to have County graphics placed on the two new suburbans.  As McAuslan was at an Association meeting and was unsure he would be present at the meeting, he had earlier e-mailed County Clerk Julie Freese reiterating his stand on no graphics.  He was however, able to leave his meeting early and was present for the discussion with the Board.  He again stated that he has the best knowledge of what is best for his Office.  Continuing discussion was held regarding the County Vehicle Policy that requires graphics and the Board’s letter of April 17^th requiring graphics on the vehicles as part of the County policy.  Discussion was further held regarding the lights and sirens on the units, to which the Board reviewed research by the County Attorney’s Office citing W.S. § 31-5-102(a)(ii)(A) that define vehicles within the definition of “authorized emergency vehicles” that qualify for lights and sirens, of which the Coroner is not an agency listed.  County Clerk Julie Freese reminded the Board that they own the Capital Revolving Fund, which funded the purchase the two Coroner suburbans.  Chairman Thompson asked if any of the Commission members would like to make a motion to rescind their earlier formal action to require County graphics on the Coroner suburbans, to which no motion was forthcoming.  Commissioner Christensen, liaison to the Vehicle Maintenance Department, volunteered to work with both McAuslan and Glen Steers to come up with a suitable graphic for the Coroner’s vehicles.

Commissioner Becker asked the Board to think about future plans for the rental property on the newly acquired Major Property.  There have been recent electrical, tree cutting, etc. expenses relating to this property and he suggested the Board consider what is in the best interest for the residential area.

Commissioner Whiteman extended an invitation to the Board to attend the CAST financial audit to review the process which was rescheduled to June 1^st.

Commissioner Hickerson relayed concerns regarding the Solid Waste Disposal District’s new schedule for transfer station availability.  The Board has received numerous concerns from Atlantic City residents who state two days per month will not be adequate for that community, especially during the summer tourist months when population is much higher.  He suggested meeting with the District members in the near future to discuss these concerns.   He will further work with the Deputy County Attorney regarding the process for indigent burial requests and draft a letter to the Forest Service stating the County’s concerns regarding the legal standing for the bear storage order discussed earlier in the day.

Chairman Thompson reported on the Western Interstate Region Conference he attended in Arizona where there was good discussion regarding public lands.

Building Maintenance Supervisor J.R. Oakley briefly joined the meeting to discuss anticipated requests from vendors to use the County property in Riverton in front of the County complexes.  He stated he had worked with several vendors last year as a pilot program and reviewed the fees he had charged.  Commissioner Becker stated he had received concerns from various Riverton businesses regarding this practice.  The Board determined they would not allow any vendor to use the County property in front of the County complexes in the future.

Commissioner Whiteman was excused from the remainder of the meeting.

County Clerk Julie Freese reviewed the Capital Revolving Fund Committee memo regarding Vehicle Maintenance Supervisor Glen Steers request to spend an additional $750 in addition to the $35,000 authorized for the Assessor’s pickup up truck for a CNG conversion.  The additional funds are grant funds that will go back into the Capital Revolving Fund once the conversion is complete.  Freese stated she received approval from 11 of the 15 committee members to authorize the additional $750.  Pat Hickerson moved, Dennis Christensen seconded, to authorize an increase for the Assessor Pickup of $750 for CNG conversion for a total authorized price of $35,750.  Motion carried unanimously.

Travis Becker moved, Pat Hickerson seconded, to reconsider acceptance of the bills for payment.  Motion carried unanimously.  The Alternative Fuel Resources voucher should have been held out earlier in the morning when the bills were approved for payment, pending authorization of the additional $750 into the Capital Revolving Fund.  Pat Hickerson moved, Travis Becker seconded, to accept the bills for payment.  Motion carried unanimously.

County Clerk Julie Freese reviewed several amended Policies:  Holiday Pay Policy, Uniform Policy and Pool Vehicle Policy.  She was further advised to work on a possible change to a different type of credit card from Bank of the West, a Corporation Card.  She stated there would be changes to the County’s current credit card policy as well.

There being no further business, Travis Becker moved, Dennis Christensen seconded, to adjourn the meeting at 5:00 p.m. and reconvene at 9:00 a.m. on June 5, 2012 for a Regular Meeting.  Motion carried unanimously.

/s/         DOUGLAS L. THOMPSON, CHAIRMAN

FREMONT COUNTY COMMISSIONERS

ATTEST

/s/         JULIE A. FREESE, COUNTY CLERK AND CLERK OF THE BOARD