August 8, 2017 (FULL DETAILED REPORT)Wednesday, August 23rd, 2017
STATE OF WYOMING ) LANDER, WYOMING
) ss. OFFICE OF THE FREMONT COUNTY COMMISSIONERS
COUNTY OF FREMONT ) AUGUST 8, 2017
FULL DETAILED REPORT
The Board of Fremont County Commissioners met in Regular Session at 9:00 a.m. with the following members present: Chairman Travis Becker, Vice-Chairman Larry Allen, Ray Price, Jennifer McCarty and Clarence Thomas. Fremont County Clerk Julie A. Freese was present for the meeting.
Ray Price moved, Clarence Thomas seconded, to approve the Agenda as amended. Motion carried unanimously.
Ray Price moved, Clarence Thomas seconded, to approve the Minutes of the Regular Meeting held on August 1, 2017. Motion carried unanimously.
Ray Price moved, Clarence Thomas seconded, to accept the regular bills for payment. Motion carried unanimously.
A & I Distributors
Airgas USA LLC
B & T Fire Extinguishers Inc.
B I Inc.
Bailey Enterprises, Inc.
Bank of the West
Credit Card Charges
Bank of the West Acct Analysis
Bob Barker Company, Inc.
Bull’s Service & Towing LLC
Carquest Auto Parts
Carroll Septic Service
City Plumbing & Heating Inc.
County Buildings – Detention
Clifford, Gregory P. MD PC
Communication Technologies Inc.
Cowboy Chemical Inc.
Mortimore Lane Constr Mgmt
Eagle Uniform & Supply Co
Electrical Dynamics, Inc.
Food Services Of America
Fremont County Solid Waste
High Plains Power, Inc.
Dry Creek/Riverview Road
Jerry Bornhoft Construction Inc.
Mortimore Lane/Tomato Loop
John Deere Financial
Lander Medical Clinic PC
Lander Vision Center
Lawson Products, Inc.
Lowham Surgery & Endoscopy
Malcolm, Alexander M.
Matthew Bender & Co., Inc.
Mertens, Caleb D
Napa Auto Parts-Riverton
Newman Traffic Signs
Office Shop Inc., The
O’Reilly Automotive Inc.
Overhead Door Inc.
County Buildings – Detention
Pavillion, Town of
Peterbilt of Wyoming
Phillips, Adam E.
Print Shop, The
Quest Software Inc.
Rapid Recovery Software
R C Lock & Key
R R Brink Locking Systems Inc.
County Buildings – Detention
Reed’s Moghaun Office Supply
Riverton Physician Practices LLC
Riverton Ranger, Inc.
Rocky Mountain Power
Sagewest Health Care
Public Defender Rent
Secretary of State
Stroupe Pest Control Inc.
Sweetwater Aire LLC
Supplies For Rural Addressing
Sweetwater County Sheriff
Sysco Montana Inc.
Terrance R. Martin PC
Public Defenders Rent
Tweed’s Wholesale Co
University of Wyoming
Valley Lumber & Supply Co Inc.
W A C O
West Payment Center
Library Plan Charges
Western Printing, Inc.
Public Defenders Court/Rent
Wind River Radiology PC
Wind River Transportation Authority
WY Public Health Laboratory
Wyoming Dept. of Transportation
Wyoming Waste Systems
The following items in the Signature File were reviewed: 1) Abatement Summary; 2) Adjustment to Assessment Summary; 3) letter to BIA replying to questions posed concerning an application for the acquisition of land by the United States to be held in trust for the use and benefit of the Northern Arapaho Tribe; 4) Equipment and Vehicle Procurement Form for the Shoshoni Roads Building Garage Door Repairs totaling $13,000; and 5) Record of Proceedings. Larry Allen moved, Clarence Thomas seconded, to approve an Agreement among Wyoming Department of Health, Public Health Division, Fremont County WIC Program, and Fremont County. Motion carried unanimously. Larry Allen moved, Ray Price seconded, to approve an Application for a Catering Permit submitted by Lester Emerson d/b/a Possum Pete’s for a Rodeo on August 20, 2017 at the Pavillion Rodeo Grounds. Motion carried unanimously. Receipt of the $25 fee was acknowledged. Larry Allen moved, Ray Price seconded, to approve a Western Surety Company Official Bond and Oath for Thomas H. Redland and Rebecca Ruth Darnell as Commissioners on the Jeffrey City Water and Sewer District. Motion carried unanimously. Larry Allen moved, Clarence Thomas seconded, to approve a Fremont County Bank of the West Credit Card Application for Alicia Archambault with a limit of $2,500. Motion carried unanimously.
There were no action items in the Priority Mail to be addressed.
There was nobody present for the Public Comment period.
Transportation Superintendent Dave Pendleton presented Change Order No. 2 from Mountain Construction Company for the Riverview Road Overlay and Paradise Valley Road Chip Seal Projects. The Change Order is a deduction of $4,711.91 to adjust contract quantities to actual work quantities. Larry Allen moved, Ray Price seconded, to approve Change Order No. 2 as presented. Motion carried unanimously. Pendleton stated previous applications were reviewed, interviews held, and he is recommending the hiring of two Truck Drivers and one Operator. He stated all three positions are budgeted for and the applicants will all begin at the starting salary for said positions. Ray Price moved, Jennifer McCarty seconded, to authorize the refilling of the two Truck Driver and one Operator positions. Motion carried unanimously. He proceeded to inform the Board that EnCana will be closing several sites on Muddy Ridge locations and has offered the County material which can be used on South Muddy Road. If agreeable, he will work with the County Attorney’s Office and EnCana to develop a Memorandum of Understanding. The EnCana operator will perform the excavation and he stated contract trucks will be used to haul the material.
Commissioner Meeting reports were given.
Commissioner Thomas has met with the Public Health Nurse Supervisor to recommend a Public Health Alert be advertised regarding the potential for asthma or other related issues due to the smoke in the valley.
Vice-Chairman Allen continues to attend Eclipse related meetings and reported on an Emergency Services meeting held the previous day where Dispatch Supervisor Carl Freeman stated gas shortages are predicted in the public sector and there may not be fuel available for emergency services. Discussion was held on allowing non-county emergency services to fuel from the County pumps and be billed accordingly. Deputy County Attorney Darrough did not see a problem as it will be a onetime deal; however, agreed with Commissioner McCarty that dates need to be set and not leave open ended. Larry Allen moved, Ray Price seconded, to authorize non-county emergency services to utilize the County fuel pumps during the dates of August 17-25, 2017, if necessary. Motion carried unanimously.
Chairman Becker relayed a phone call from Homeland Security Director Cameron notifying him that the State of Wyoming was approved for a disaster declaration, making FEMA Public Assistance Funding available to affected jurisdictions. He plans to attend the August 16th meeting to represent Fremont County. He distributed a brochure for the Medical Air Service Association (MASA) that he received from School District No. 25 to County Clerk Julie Freese, as a member of the Executive Health Insurance Committee. That School District is currently taking advantage of the program and he requested the County committee review.
Sheriff Skip Hornecker was present for a monthly report. Detention statistics today total 173; however, totaled 191 yesterday (20 had court appointments yesterday). July statistics were 159 in house and 177 total compared to one year ago of 148 in house and 165 total. Sixty inmates (48 in house, 12 out of facility) of the total are sentenced. There were 241 intakes recorded in July and 131 inmates in Detention are pre-adjudicated. There are three Detention positions vacant (one each for Control, Kitchen and Certified positions). Applicants for both the Control and Certified positions are in the background stage. Communications: Two vacant positions exist and applicants are currently being processed. The newest employee is still in their internal training program. Patrol/Enforcement: All positions are filled. The two lateral transfers from Detention into Patrol have completed their Peace Officer Basic training in Douglas. Three deputies are in the internal training process and two should complete this training by the end of the week and fill open slots in the schedule.
The State of Wyoming has requested Sheriff Hornecker to participate in a pilot program called 24/7 that will provide equipment for home detention opportunities. He stated at this time there is no funding for the equipment and he doesn’t have either the personnel or resources. He did agree to meet with judges and probation offices to look at the possibility. The program would provide a central clearing house to do UA’s and BA’s. He noted that Fremont County uses several locations to do these tests and is very staff intensive. He visited a facility in South Dakota and reviewed their process which works for them with one central location; however, stated Fremont County is very large and hosts two court systems in both Lander and Riverton. Such a system could help with pre-adjudicated numbers if implemented. Home detention is more complicated than in the past as both the courts and prosecutors must agree with the Sheriff’s recommendation.
In other business, Sheriff Hornecker agreed there is the possibility of fuel shortages during the Eclipse, and stated his concern with jet fuel. He referenced a recent incident where there was not a supply available for a Search and Rescue event. As many private jets are expected for the Eclipse, the jet fuel availability presents concerns. He proceeded to review plans within the Sheriff’s Department related to the Eclipse. The Riverton Office will be the operations center and deputies will work 12 hour shifts for four days (August 18-21). A Detention van will be located in Riverton and if necessary, transport individuals to the Detention facility in Lander. They have divided the county up into divisions and will be reviewing the plans within the next several days. All vehicle radio updates are in place so user friendly as they expect a crash of cell phone services and can only hope WyoLink is prepared for the influx of usage. He stated that the Riverton Circuit Court will hold court on Sunday and then be closed on Monday. The Lander Circuit Court offices will be closed for the morning but will return to normal business in the afternoon. Highway Department troopers will be increased between Riverton and Casper. Forest Service, State Parks and BLM are all increasing patrol as much as possible, but resources are spread thin among the entire state for the event. Sheriff Hornecker expects Pavillion and Shoshoni to be inundated with people and these areas will receive an increased presence.
Sheriff Hornecker stated Sweetwater County is experiencing budget constraints that will make them unable to house out of county juveniles. As a result, Fremont County juveniles will be transported to Natrona County, at a slightly higher cost per day. He reviewed pro’s and con’s with the location change (not having to travel over South Pass in winter, higher cost, etc.). As of September 1st, all juveniles will be transported out of Sweetwater County and to Natrona County.
Deputy County Attorney Jodi Darrough relayed a message from Undersheriff Lee regarding the recent updated Resolution regarding new liquor laws that went into effect July 1st. Lee had asked for clarification on “minors in dispensing areas”, which was not changed from the previous Resolution that allows minors in dispensing rooms until 10:00 p.m., if accompanied by an adult. Following review, with the Sheriff and Commission felt the wording was adequate and that no issues had been experienced in the past. If something arises, they can certainly relook at the wording.
Deputy County Attorney Jodi Darrough updated Sheriff Hornecker and the Commission on the recently received Wyoming Governmental Claims Act Notice of Claim from Harley Wells. She stated that she will accept service of the impending complaint on behalf of all the named County Elected Officials.
County Coroner Mark Stratmoen gave a monthly update. Case numbers for July were down from the previous months for this year, but total cases are still ahead of last year at this time by 21. Supplies ordered for the new fiscal year have arrived, and preparations for the upcoming Solar Eclipse are in place, as best as can considering the unknown impact this event will have. Staff will not be allowed any vacation time during the month of August. Stratmoen reviewed his updated General Policy for Property/Cash Receipts based on recent knowledge of state statute that requires a copy of all receipts to be presented to the County Clerk by the end of the month in which they were received, for presentation to the County Commissioners. He stated the Coroner’s office rarely generates income; however, procedures are in place should it occur. Vice-Chairman Allen will follow up with Representative Larsen regarding the pending agreement with Wyoming Life Resource Center for an indigent cemetery.
County Clerk Julie Freese continued a review of policies and procedures. The Fremont County Capital Budgeting Process had been reviewed by members of that committee, and a revised copy was presented. Larry Allen moved, Ray Price seconded, to approve the updated Fremont County Capital Budgeting Process. Motion carried unanimously. A new “Whistleblower Policy” had been drafted by Deputy County Attorney Darrough. Freese stated the Public Health Nurse Department needs such a policy as requirement of their State grant process. The Board took the Policy under advisement pending additional research on several issues.
Guardian EMS Program Director Andrea Abbas presented a July monthly report. Total number of runs were 510 with the top three being Riverton (195); Lander (76) and City of Lander (63). Fractile Times Report in all categories for All Calls (as reported in previous months) based on minutes, is as follows:
Unit Notified by Dispatch to Unit Arrived on Scene 11.00
Unit Notified by Dispatch to Unit En Route 1.88
Unit En Route to Unit Arrived on Scene 8.16
Unit Arrived on Scene to Unit Left Scene 17.09
Unit Left Scene to Patient Arrived at Destination 10.75
Patient Arrived at Destination to Unit Back in Service 14.22
Abbas stated all positions were full last month; however, they are down four at the present time. She will advertise the vacancies at an upcoming Trauma Conference she will be attending. There are a lot of EMT basics in the area; however, the shortage is for paramedic which she stated is a statewide issue. She gave an update on the Ambulances and noted several have experienced multiple repairs and she expressed appreciation to the Fremont County Vehicle Maintenance personnel who now handle the general maintenance on the units.
Sharon Mensing was present to interview for a vacant position on the Fremont County Library Board. Fremont County Library Director Janette McMahon was present in the audience. Later in the meeting, Larry Allen moved, Clarence Thomas seconded, to appoint Sharon Mensing to a three year term on the Fremont County Library Board. Motion carried unanimously.
Shoshone National Forest Washakie District Ranger Steve Schacht and Wind River District Ranger Rick Metzger presented updates on plans to prepare for the solar eclipse as well as general updates. Beginning August 17th, the Forest Service will provide education and important information for safe forest visitation at numerous points of entry to the Forest near Dubois and Lander and extended office hours will occur between the dates of August 17-22. They are asking for the public’s assistance and cooperation to ensure all visitors have an enjoyable stay during the eclipse and ask that forest roads remain clear and open for emergency traffic, practice good campfire safety by ensuring the fire is cool to the touch before leaving it; properly storing food, garbage and all attractants; and packing out all trash and properly disposing of human waste. All campgrounds are on first come, first serve. They plan to have extra fire engines and plan on six teams of two rangers for law enforcement efforts. The Wind River District side has recommended viewing areas along Sheridan Loop and Union Pass. Burroughs Loop Road is closed between Virgin Lake and Rainbow Lake due to a slump across the road. About two miles north of the Horse Creek Guard Station is restricted to ATVs. The Brooks Lake snowmobile parking area will be opened and available for dry camping. If needed, the old Dubois High School can be set up as a command center. Schacht stated they plan to use horse trailers to load coolers, etc. that are left unattended, which can be picked up later, as two black bears have recently been euthanized and there are two more active reports. He stated there will be totality in Dickinson Park; however, Tribal fishing licenses are required. There are no fire restrictions on the Forest at this time and this will be reassessed later. General updates on the Washakie District included Climbers Festival, Motorcycle Trials and Cowboy Tough Race. Treatment on several timber areas are taking place (South Pass Aspen, Beaver Creek, Ski area and Loop Road). A firewood map will be available soon. The slash piles in Worthen Meadows and Beaver Creek and along the Loop Road is part of a fuel reduction program and will eventually be burned. Metzger noted the revised proposed action for the Travel Management Plan and stated field trips were held. There have been some difficulties between the road system and travel management. Locally, they are making good progress on slumps and slides and the Bush Creek Guard Station was impacted. A culvert has been installed on Fish Lake Road. State Trails is working on Wild Cat Loop drainage issues as well as installing a toilet on Union Pass Road. Stock is not recommended on Whiskey Trail due to downed trees. There have been two timber sale bids advertised and the third sale is nearing completion. Chairman Becker expressed appreciation to Schacht for the fantastic shape of the road going into Worthen Meadows.
Fremont County Planning Commission Chairman Kristin Paulsen and members Harold Albright, Tom Jones, Chris VonHoltum and JR Oakley were present to discuss the County Commissioners action of July 11th to not approve the Planning Commissions’ recommendation regarding the requirements for a Re-Plat within the Fremont County Regular Subdivision Regulations. The draft Regulations are in the middle of a 45-day comment period. The Planning Commission had recommended that the definition eliminate “any addition of an Ingress/Egress easement” requirement from the Re-Plat definition. Present in the audience were Fremont County Planner Steve Baumann, surveyors John D. Hart (The Company), Tom Johnson (Apex Surveying) and Gary Hatle (Apex Surveying), along with All Action Realtor Vicki Hughes and interested party Dennis Christensen. Paulsen noted the large expense associated with a re-plat ($3,000) versus filing an easement ($100 – $300). The necessity of notifying adjoining landowners of an ingress or egress was discussed, as is a necessity for a re-plat as opposed to just filing an easement. Private roads vs. public roads were also discussed. Chairman Becker stated the Board would take the matter under advisement and take time to research the issue of removing the ingress/egress requirement from the definition of a re-plat. The 45-day comment period is up on September 5th and the Commissioners will be prepared to make a final decision the following week, September 12th.
Chairman Becker adjourned as the Board of Fremont County Commissioners and convened as the Fremont County Board of Equalization at 1:15 p.m.
Chairman Becker turned the meeting over to Hearing Examiner Terrance R. Martin who proceeded to review the Uniform County Board of Equalization Practice and Procedure Rules. The Taxpayer has the burden of proof and will present their evidence first, questions will be asked of them by the BOE and the Assessor can cross examine. Then the Assessor will present evidence, questions will be asked by the BOE and the Taxpayer has the opportunity to cross examine. Following the hearing, Martin recommended the BOE deliberate and make their decision so that he can prepare the necessary Findings of Fact and Conclusions of Law before the statutory deadline of the first day of October. He stated there will be no Ex Parte Communications and that the only evidence the BOE can hear is at the hearing before them. Everybody testifying will be sworn in under oath. He noted that Deputy County Attorney Jodi Darrough will represent the Assessor in both cases appearing before the BOE.
Sibcom Limited Partnership (Docket No. 2017-01). Present were taxpayers Laurel and Don Chambers. Assessor Tara Berg, Deputy Calli Ophus and Deputy County Attorney Jodi Darrough were present. Deputy Assessor Angie Wilson was present in the audience. Taxpayers are requesting Agricultural Classification.
Dr. Edith W. Martin (Docket No. 2017-04). Present was taxpayer Dr. Edith Martin. Assessor Tara Berg, Deputy Calli Ophus and Deputy County Attorney Jodi Darrough were present. Deputy Assessor Angie Wilson was present in the audience. Taxpayer is requesting Agricultural Classification.
The Board of Equalization Hearings concluded at 5:30 p.m. and the BOE proceeded to deliberate the two dockets and make their determination so that Hearing Examiner Terrance R. Martin could proceed with drafting the Findings of Fact and Conclusions of Law.
Chairman Becker adjourned as the Fremont County Board of Equalization and reconvened as the Board of Fremont County Commissioners.
County Clerk Julie Freese will continue work on proposed Policies and Procedures.
The Department Head evaluation process used in 2015 was forwarded to the Commissioners for review. A determination of how to proceed will be held at the August 22nd meeting.
There being no further business, Larry Allen moved, Clarence Thomas seconded, to adjourn the meeting at 5:30 p.m. and reconvene for a Regular Meeting on August 22, 2017 at 9:00 a.m. Motion carried unanimously.
A full detailed report and the official minutes are posted on Fremont County’s website at www.fremontcountywy.org.
/s/ TRAVIS BECKER, CHAIRMAN
FREMONT COUNTY COMMISSIONERS
/s/ JULIE A. FREESE, COUNTY CLERK AND CLERK OF THE BOARD