December 19, 2017 (FULL DETAILED REPORT)Tuesday, January 2nd, 2018
TATE OF WYOMING ) LANDER, WYOMING
) ss. OFFICE OF THE FREMONT COUNTY COMMISSIONERS
COUNTY OF FREMONT ) DECEMBER 19, 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.
Larry Allen moved, Ray Price seconded, to approve the Agenda as amended. Motion carried unanimously.
Ray Price moved, Jennifer McCarty seconded, to approve the Minutes of the Regular Meeting held on December 12, 2017. Motion carried unanimously.
Ray Price moved, Jennifer McCarty seconded, to accept the regular bills for payment. Motion carried unanimously.
A & I Distributors
Ahlers & Company
Family Planning Services
Airgas USA LLC
Bailey Enterprises, Inc.
Bank of the West
Bill’s Quality Auto Glass
Carroll Septic Service
Corbett, Thomas J.
Dubois Frontier, The
Eaton Sales & Service, LLC
Foutz, Traci L.
Public Health Emergency Prep.
Fremont Counseling Lander
Health & Welfare
Fremont County School Dist. #25
High Plains Power, Inc.
I State Truck Center
Jack’s Truck & Equipment
Lander Valley Auto Parts
Matthew Bender & Co., Inc.
WY Court Rules
McKesson Medical Surgical Inc.
National Business Systems Inc.
Office Shop Inc., The
Phillips, Adam E.
Riverton Physician Practices LLC
Riverton Ranger, Inc.
Rocky Mountain Power
Smith Medical Partners LLC
Family Planning Services
Fremont County WIC
Tritech Forensics Inc.
Tweed’s Wholesale Co
County Buildings Detention
T Y Excavation Inc.
Dubois Road Maintenance
Valley Lumber & Supply Co Inc.
West Payment Center
William H. Smith & Associates Inc.
Wyoming Dept. of Transportation
Wyoming Public Health Laboratory
Family Planning Services
The following items in the Signature File were reviewed: 1) Record of Proceedings. Jennifer McCarty moved, Clarence Thomas seconded, to approve an Application/Permit to Construct Access Driveway submitted by Jon Martin for Tunnel Hill Road. Motion carried unanimously. Jennifer McCarty moved, Larry Allen seconded, to approve a Modification of Grant or Agreement between Shoshone National Forest and Fremont County Sheriff’s Office extending the expiration date to December 31, 2021. Motion carried unanimously. Jennifer McCarty moved, Larry Allen seconded, to approve submission of a Wyoming State Historic Preservation Office Certified Local Government Program Annual Report FY 17 from Fremont County Historic Preservation Commission. Motion carried unanimously. Jennifer McCarty moved, Larry Allen seconded, to approve Amendment One to the Contract between Wyoming Department of Health, Behavioral Health Division and Fremont County Commissioners as Governing Body for the Court Assisted Supervised Treatment and Juvenile Treatment Courts of Fremont County. Motion carried unanimously.
The following items in the Priority Mail were reviewed: 1) “Working in Indian Country: Building Successful Business Relationships with American Indian Tribes” set for February 7, 2018 in Casper (to be sent to all Elected Officials). 2) Fremont County/Municipal/Tribal Emergency Operations Plan Final document (Vice-Chairman Allen to review); and 3) Comment from Dubois resident regarding Petition to Vacate a Portion of Little Warm Spring Creek Road; Town of Dubois Resolutions No. 17-018 “Supporting the Fremont County Commissioners to Keep as a Public Access the Road Known as “Little Warm Springs Creek Road”; and Town of Dubois Petition to keep Little Warm Spring Creek Road open to the Public. (The documents were made part of the Official Record).
County Clerk Julie Freese spoke on behalf of Treatment Courts Director Susan Shipley, who was unable to attend, to inform the Board of a Substance Abuse Therapist transfer from the Juvenile Treatment Court to the Court Assisted Supervised Treatment Program. As a result, a vacancy now exists in Juvenile Treatment Court program and she is requesting permission to advertise and hire a therapist for that vacancy. There will be no anticipated transfer of funds or any additional funds requested from Fremont County. Ray Price moved, Clarence Thomas seconded, to approve filling the open Juvenile Treatment Program therapist position. Motion carried unanimously.
Fremont County Museums Central Director Scott Goetz informed the Board of a resignation of the Collections Manager in the Lander Museum. He requested permission to advertise and refill the position at the same salary. Jennifer McCarty moved, Ray Price seconded, to approve refilling the Collections Manager position at the Lander Museum. Motion carried unanimously.
Transportation Superintendent Dave Pendleton was joined by Eric Carr, James Gores and Associates, to review a Memorandum of Understanding between Big Horn Cooperation Marketing Association, City of Riverton, and Fremont County, Wyoming. The MOU will allow for construction of a temporary vehicle driveway from Pure Gas Road for access to the Big Horn Co-op facility at 115 North Federal Boulevard. Big Horn Co-op will remove the temporary driveway within 30 days of notification of substantial completion for the reconstruction of North Federal Boulevard in Riverton. Jennifer McCarty moved, Ray Price seconded to approve the Memorandum of Understanding as presented. Motion carried unanimously.
In other business, Eric Carr provided an update on the Moneta-Lysite Road Shoulder Widening Project. He stated the Notice to Proceed has been issued on the County portion. He reviewed delays which have taken place and, as a result, their company is $10,000 over budget; however, they are also nine days ahead of schedule which should compensate that amount. An updated Schedule was distributed.
Dave Pendleton reviewed the status of work on the 3rd Street Bridge in Dubois. The contractor has completed 1/3 of the bridge work as of last Friday, and has four days left on their original bid, unless shims are required. The Board had asked for more information on an additional $6,000 which was needed for the project for asphalt on the bridge. Pendleton stated the asphalt will be laid in the spring and in the meantime, there is double plywood covering the bridge. A contractor will be hired to complete the asphalt project.
Dave Pendleton presented a BLM Right-of-Way application for the snow fence project in the Atlantic City area. This is the first step in order to put the project out to bid. Inberg-Miller Engineers has competed about 30% of the design process for the snow fence along the first road on the Lander side and along the Winter Road. The design is for 12’ verticals (new design sustainable in high winds). Jennifer McCarty moved, Ray Price seconded, to approve the Application for Transportation and Utility Systems and Facilities on Federal Lands. Motion carried unanimously.
In other business, Dave Pendleton provided an update on the Dry Creek Road project. AML has bid crushing and stockpiling of gravel within their portion of the project. He is continuing work with landowners on right-of-way acquisitions. RT Communications has completed a preliminary plan review and they will present two options for consideration of line replacement. Crews graveled Pebble Drive. A Tunnel Hill Road landowner has donated top soil that will be placed on North Portal Road as a sub-base. Testing of soil is being conducted on South Muddy Road in preparation of a spring project and Chairman Becker asked that residents in that area try to mitigate usage of the road whenever possible until maintenance can be done in the spring. In response to Vice-Chairman Allen’s request for an update on new reflector posts, Pendleton stated he has $200,000 budgeted in the Road Construction Fund and he is currently getting a count on quantities needed and then will get bid documents assembled. The new Kubota system is on order.
Fremont County Library Director Janette McMahon updated the Commissioners on a recent resignation of a Library Assistant II (30 hour) position. She expects an in-house transfer of a Library Aide (10 hour) position. In that event, she requested permission to advertise for the Aide position. The positions are in their current budget and will not change the salary line item. Ray Price moved, Clarence Thomas seconded, to authorize refilling the vacant position. Motion carried unanimously. Bookkeeper Rebecca Thomas joined the session to review information on their request to hold an Unanticipated Revenue Hearing. The Board asked that when the information is advertised, that the Miscellaneous category be expounded upon to provide more information for the citizens’. Jennifer McCarty moved, Ray Price seconded, to authorize the Fremont County Library Board’s request to amend their FY 2017-18 budget and hold the required budget hearing. Motion carried unanimously. General discussion was held regarding efforts to the Riverton branch interior regarding lighting issues. The new roof is wonderful and the drainage is working well. Landscaping will be completed in the spring to finalize the project.
Commissioner meeting reports were given.
Commissioner Thomas met with Treatment Courts of Fremont County Director Susan Shipley regarding the staffing changes discussed earlier in the meeting. Met with the Tribal Government where 17 Mile Road and ownership of other roads on the Wind River Indian Reservation were discussed. They would like to have a joint meeting with the Commissioners in the new year regarding these Roads.
Vice-Chairman Allen attended the Fremont County Fair Board meeting and stated they are busy contracting events for the upcoming Fair and moving their schedule around. Both the Fair Director and Office Manager are out for several months for medical reasons. One Fair Board member will be out of state during the winter months and will fulfill her meeting obligations by attending via speaker phone. He received the Riverton Airport Board meeting and a report was given by the FAST committee regarding an additional airline proposal and their requirement of making a recommendation to WYDOT by the second week in January on which airline to accept. The Airport Board will not change the name of the Airport at this time. Boardings are up with the current provider, Denver Air Connections, who is on time and their flights are fully booked, they have proven to be a very respectable airline. They have also chartered five additional flights to accommodate the Job Corps students over the holidays.
Commissioner McCarty attended the Solid Waste Disposal Board monthly meeting and reported Hopper Metals received approval from DEQ for their Disposal Facility located at 450 N. Smith Road, Riverton.
Commissioner Price attended the Fremont County Library Board monthly meeting and stated the Library Director had previously reviewed items taking place (staffing, etc.).
Chairman Becker joined Transportation Superintendent Pendleton in meeting with landowners the previous week regarding right-of-way acquisitions for the Dry Creek Road project. He attended the monthly Fremont County Public Lands Initiative meeting the previous evening which was very well attended, and he stated there is a lot of interest in the Wilderness Study Area designations. The group plants to begin meeting with each community that has a corresponding WSA to review the Committee’s draft proposals.
Discussion was held on the Petition to Vacate a Portion of County Highway known as Little Warm Spring Creek Road, submitted on September 6, 2017, on behalf of 3 Spear Ranch. Counsel William L. Miller was present, along with seven people in the audience (an attendance list is available in the County Commissioners Office). Chairman Becker welcomed the attendees and informed Dubois Mayor Blakeman of the status of the 3rd Street Bridge repair project. Chairman Becker referenced three large maps for informational purposes, for County Road No. 124, designated as a County Road in 1921 per petition from area landowners. Many letters and e-mails have been received and the Town of Dubois submitted petitions with numerous names on them requesting the road be kept as a public access. All documents have been incorporated into the record. Harold Albright spoke, who is a member of the Fremont County Planning Commission, and recommended that if kept as a County road, the County should upgrade and maintain. Mayor Blakeman asked the County not vacate the road, stressing the importance of access to public lands, and the fact that the current owner and a potential buyer for 3 Spear Ranch are looking at other ways to help with access in the area. She asked that the road be kept public in the meantime. Mike Morgan, Dubois resident and Fremont County Solid Waste Board member, reiterated Mayor Blakeman’s statement to keep the road public. Commissioner Thomas expressed concern that keeping the road as a County road would add to the County’s budget to upgrade and maintain. Chairman Becker stated the County has over 100 miles of roads that are not maintained and further referenced Fremont County Resolution No. 2010-21 “A Resolution for Acceptance of Roadways on Federal Public Lands as Public County Highways”. He further stated the County has the ability to designate whether County roadways are maintained or not via certain specifications. Commissioners Allen, Price and McCarty stated their belief that public access to federal lands is vital. Chairman Becker stated a portion of the Road has been closed by the 3 Spear Ranch for many years and the gate has now been opened and “Private Property” signs removed. He did reaffirm that the public has no right to get off of the road right-of-way onto private property in any instance. He stated the original right-of-way on the spur has been destroyed by stock ponds placed by the landowners which is a concern. He is not opposed to a seasonal road closure (from the spur up Red Cliff) as there has been precedence set already (Shoshone Lake Road). Ray Price moved, Larry Allen seconded, to keep the portion of Little Warm Spring Creek Road public and deny the Petition to Vacate. Motion carried unanimously. Chairman Becker thanked Mayor Blakeman for hosting a recent meeting to discuss the Petition to Vacate. Mr. Miller anticipated the landowners will place a sign outside of the County right-of-way informing the public of the private road and anything off the road right-of-way is private property. Margaret Wells thanked the Commission for their research on the proposed Road Vacation and for doing the right thing in keeping it a public road for access to federal lands. Josh Milek, Wyoming State Trails Program, asked the Board to review possibly adding the Road to the Off Road Recreational Use Inventory.
Deputy Civil Attorney Jodi Darrough informed the Board of an Order Granting Defendants’ Motion for Summary Judgement in the Harley L. Wells vs. Wyoming Secretary of State Ed Murray, et al. The Order states “Plaintiff has failed to set forth any specific facts showing a genuine issue for trail regarding the underlying claim for malicious prosecution.”
Chairman Becker asked fellow Commissioners to review their Liaison designations and make any change request to him for approval at their January 2nd meeting.
County Clerk Julie Freese reviewed the draft Policy regarding WARM (Property Insurance) Vehicle Driving Records requirements. The draft had been forwarded to Elected Officials and Department Heads for review and comment. All new employees will provide information for a Motor Vehicle Record when they do their initial paperwork. A process for current employees was discussed. A final Policy will be drafted for review. In another matter, Freese reviewed the Town Hall meetings she has scheduled: January 11 (Shoshoni); January 18 (Fort Washakie); January 25 (Riverton); and February 1 (Lander). She will be discussing voting equipment and the Commissioners will be discussing 1% Road projects and any other topic of interest to the community.
Weighted ballots were cast for several Board vacancies as all the applicants have previously been interviewed. Larry Allen moved, Jennifer McCarty seconded, to appoint Tawnie DeJong to a five year term on the Fremont County Fair Board. Motion carried unanimously. Larry Allen moved, Ray Price seconded, to re-appoint incumbents Steve Baumann, Rick Klaproth and Rob Dolcater to three year terms on the Fremont County Solid Waste Disposal District. Motion carried unanimously. The Commissioners had received a letter from Solid Waste Board Chairman Mark Moxley encouraging the Board membership remain at nine members to represent the various geographical areas of the County, and that a smaller board could not effectively manage the work required. Chairman Becker had asked the applicants if they felt a smaller board would be beneficial. None of the Commissioners favored reducing the Solid Waste Board from its nine members.
Commissioners Price and Thomas were absent from the remainder of the meeting.
Interviews were held with Library Board applicants Brian Gee, Terry Hafner and Molly Herber. A telephone interview was held with Predatory Animal Board applicant Albert Herbst. A weighted vote was taken for the Library Board vacancy. Jennifer McCarty moved, Larry Allen seconded, to appoint Terry Hafner to fill a 2 ½ year vacancy on the Fremont County Library Board. Motion carried unanimously. Larry Allen moved, Jennifer McCarty seconded, to appoint Albert Herbst to a three year term on the Predatory Animal Control Board. Motion carried unanimously.
Vice-Chairman Allen recently received information from Vehicle Maintenance Lander Foreman Brad Meredith regarding final costs for repairs to a blade. Meredith will be placed on the January 2nd agenda to discuss the increase from the anticipated $30,000 to the final bill of $40,000, due to additional repairs required.
There being no further business, Larry Allen moved, Jennifer McCarty seconded, to adjourn the meeting at 2:30 p.m. and reconvene for a Regular Meeting on January 2, 2018 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