September

Minutes of the Proceedings
Board of County Commissioners
Prepared by the Office of the Clerk of Laramie County

Tuesday, September 06, 2011

Tuesday, September 06, 2011

00 The Laramie County Commissioners met in regular
session Tuesday, September 6, 2011 at 3:30 p.m. Those
in attendance were Commissioner Diane Humphrey,
Chairman; Commissioner Gay Woodhouse, Vice-
Chairman; Commissioner Troy Thompson; County
Attorney Mark Voss; Deputy County Attorney Sylvia Hackl;
County Clerk Debbye Lathrop and Chief Deputy County
Clerk, Rhonda Bush.

Those signing the register were Gary M. Hickman,
Cheyenne Laramie County Health
Department/Environmental Health; Cody Wagner,
Anadarko; Don Beard, Laramie County Public Works; Tim
Thorson, LCJS, JPB; Ginny Macey; Sandra Newland, LC
Grants; Dennis Ellis, Anadarko; Laura Voss; Rob
Cleveland, EMA; Jeanine West, EMA; Brenda Arnold,
Assessor; Scott Smith, City of Cheyenne; Lynn Simons,
Cheyenne Botanic Gardens; Vic Contratto, SCCDA; Brad
Harrington, Liberty Torch; John Knepper, City of
Cheyenne; Rick Parish, City of Cheyenne; Brett Walker,
City of Cheyenne; Matt Ashby, City of Cheyenne; Dan
White, City Attorney; Lisa Pafford, City Development; Brad
Emmons, AVI; Todd Feezer, City of Cheyenne; Dan
Macey; Sarah Krank; Jack Tubbs; James Perrot; Cindy
Pomeroy, Friends of Botanic Gardens; Robert Cook,
Accounting.

01 Cody Wagner and Dennis Ellis were presented with a
coffee mug and a challenge coin in recognition of
Anadarko's $464,000 contribution to Laramie County
towards the Campstool Road Overlay Project.

02 Commissioner Thompson moved to approve the Minutes
of Proceedings for August 16, 2011. Commissioner
Woodhouse seconded the motion, which passed
unanimously.

03 Commissioner Woodhouse moved to approve warrants in
the amount of $3,008,419.26 for August 2011.
Commissioner Thompson seconded the motion, which
passed unanimously. Documentation is filed in central
files with the County Clerk.

04 Commissioner Woodhouse moved to approve the
following part-time salaries in the amount of $34,313.74
for August 2011: County Extension Agent, $1,881.14;
Human Resources, $1,006.25; Buildings & Grounds,
$10,348.34; Information Technology, $2,073.60; County
Clerk, $1,623.50; County Treasurer, $2,956.34; Detention
Facility, $7,554.57; District Court, $3,500.00; County
Coroner, $2,450.00; Drug Court, $920.00. Commissioner
Thompson seconded the motion, which passed
unanimously.

05 Commissioner Woodhouse moved to approve the
following fees collected by various County entities for July
2011: Sheriff's Department, $27,954.50; County Clerk,
$86,722.30; Circuit Court, $105,037.79; Clerk of District
Court, $16,200.46; Planning Department, $30,807.03;
Drug Court, $300.00; DUI Court, $775.00. Commissioner
Thompson seconded the motion, which passed
unanimously. Documentation is filed in central files with
the County Clerk.

06 Commissioner Woodhouse moved to approve a Human
Services Agreement between Laramie County and
Cheyenne Housing Authority in the amount of $70,000 for
Fiscal Year 2012. Commissioner Thompson seconded
the motion, which passed unanimously. The agreement is
filed in central files with the County Clerk.

07 Commissioner Woodhouse moved to approve the Animal
Shelter and Animal Control Agreement between Laramie
County and the Cheyenne Animal Shelter in the amount
of $214,800 for Fiscal Year 2012. Commissioner
Thompson seconded the motion, which passed
unanimously. The agreement is filed in central files with
the County Clerk.

08 Commissioner Woodhouse moved to approve an annual
maintenance agreement and addendum between
Laramie County and DocuTek, Inc. for maintenance of
microfilmer/scanners located in the Recording Department
and Records Center in the amount of $5,010 to run
September 11, 2011 to September 10, 2012.
Commissioner Thompson seconded the motion, which
passed unanimously. The agreement/addendum is filed
in central files with the County Clerk.

09 Commissioner Woodhouse moved to approve the disposal
of various computer equipment submitted by Information
Technology. Commissioner Thompson seconded the
motion, which passed unanimously. Documentation is
filed in central files with the County Clerk.

10 Commissioner Woodhouse moved to approve an
agreement between Laramie County and the Pine Bluffs
Police Department to provide one (1) antenna under the
Wyoming Homeland Security General HSGP 09 grant.
Commissioner Thompson seconded the motion, which
passed unanimously. The agreement is filed in central
files with the County Clerk.

11 Commissioner Woodhouse moved to approve a grant
agreement between Laramie County and the Wyoming
Department of Agriculture for the Laramie County Rural
and Urban Pesticide Disposal Project in the amount of
$2,000 to be spent by June 30, 2012. Commissioner
Thompson seconded the motion, which passed
unanimously. The agreement is filed in central files with
the County Clerk.

12 Commissioner Woodhouse moved to approve an
agreement between Laramie County and the Wyoming
Family Home Ownership Program for the successful CDBG
application to the Wyoming Business Council in the
amount of $40,000. Commissioner Thompson seconded
the motion, which passed unanimously. The agreement is
filed in central files with the County Clerk.

13 Commissioner Woodhouse moved to approve an
agreement for Juvenile Compliance and Diversion Officer
Services between Laramie County and the City of
Cheyenne to be paid using grant funds from the period of
April 1, 2010 to September 30, 2011 in the amount of
$39,878 with no match. Commissioner Thompson
seconded the motion, which passed unanimously. The
agreement is filed in central files with the County Clerk.

14 Commissioner Woodhouse moved to approve a resolution
authorizing the Chairman of the Laramie County Board of
County Commissioners to sign a letter in support of the
City of Cheyenne's application to the Department of
Housing and Urban Development Sustainable
Communities Regional Grant. Commissioner Thompson
seconded the motion, which passed unanimously. The
resolution is filed in central files with the County Clerk.

15 Commissioner Woodhouse moved to approve an
agreement between Laramie County and
Wyoming/Altitude Training Associates for Engineering
and Surveying Services for Fiscal Year 2012 in the
amount of $90 per hour. Commissioner Thompson
seconded the motion, which passed unanimously. The
agreement is filed in central files with the County Clerk.

16 Commissioner Woodhouse moved to approve a purchase
agreement and addendum between Laramie County and
Business Outfitters for a Savin 9228SPF B&W digital
copier and associated equipment along with a
maintenance agreement for the Combined
Communication Center in the amount of $4,846 for the
purchase and $0.012 per copy. Commissioner Thompson
seconded the motion, which passed unanimously. The
agreement/addendum is filed in central files with the
County Clerk.

17 Commissioner Thompson moved to approve a resolution
giving public notice of Laramie County's intent to create carnival and circus license rules pursuant to W.S. 16-3- 103(b). Commissioner Woodhouse seconded the motion,
which passed unanimously. The resolution is filed in
central files with the County Clerk.

18 Commissioner Woodhouse moved to approve a resolution
announcing the intent of the Board of County
Commissioners to solicit proposals for the operation of the
Laramie County Juvenile Service Center. Commissioner
Thompson seconded the motion, which passed
unanimously. The resolution is filed in central files with
the County Clerk.

19 Commissioner Thompson moved to approve a resolution
reappointing the Laramie County Attorney in accordance
with W.S. 18-3-301(a) effective September 1, 2011.
Commissioner Woodhouse seconded the motion, which
passed unanimously. The resolution is filed in central
files with the County Clerk.

20 Brad Emmons, AVI appearing as agent for the applicant,
presented a Subdivision Permit and Plat of the Energy
Park One Subdivision located in portions of Section 33
and 34, T.13N., R.67W., of the 6th P.M., Laramie County,
Wyoming. Mr. Emmons stated the developer concurs with
the three conditions placed on the plat. Mr. Emmons also
stated the developer is working with the City of Cheyenne
on maintenance of the public rights-of-way as part of the
annexation process. County Planner, Gary Kranse,
presented the staff report and recommended approval with
the following conditions: 1) Access for Lot 7, the regional
detention pond, shall be identified on the plat prior to
recordation; 2) All comments from the County Engineer,
County Assessor, and the County Real Estate Office shall
be addressed prior to recordation of the subdivision permit
and plat; 3) Clerical and grammatical errors shall also be
corrected prior to recordation. Vice Chairman Woodhouse
opened the meeting as a PUBLIC HEARING. James
Perrot McNeil stated he believes this property is part of a
ranch owned by his ancestors and that the property is not
for sale; further, he believes there are no mineral or water
rights on the property. Hearing no further public
comment, the Vice Chairman closed the PUBLIC
HEARING. Commissioner Thompson moved to approve
the Subdivision Permit and Plat of the Energy Park One
Subdivision with conditions one through three and adopt
the findings of fact stated in the staff report.
Commissioner Woodhouse seconded the motion, which
passed by a vote of two in favor; Commissioner Humphrey
recused herself. Documentation is filed in central files
with the County Clerk.

21 Commissioner Woodhouse moved to approve a request to
postpone consideration of a Subdivision Permit and Plat
of the Country Homes Subdivision, 2nd Filing, located in
a portion of the NW1/4 of Section 17, T.13N., R.66W., of
the 6th P.M., Laramie County, Wyoming. Commissioner
Thompson seconded the motion, which passed
unanimously.

22 County Attorney Mark Voss presented the history on the
county's ownership interest in property located on or about
the intersection of Windmill and Dell Range Boulevard.
In 1932, the County and City purchased property for a
total of $9000 of which $5000 was paid by the county;
ownership was conveyed to the federal government for the
purpose of constructing the VA Hospital. In 1948, the
unused portion of the property was transferred back to the
City of Cheyenne. On August 15, 1956, the Board of
County Commissioners adopted a resolution (Resolution
76449) asserting the county's 5/9 interest in the property
should it be sold to a private party sometime in the future.
Mr. Voss indicated the City of Cheyenne hired a private
attorney to research the ownership of the property. It is
believed that the 1956 resolution does put a cloud on the
title to the property. This record in the real estate records
does give an equitable interest to the County; however,
final determination would be a matter for the courts.
Commissioner Thompson asked for confirmation from the
County Attorney that any action taken by the Board today
has no affect on whether or not the property should be
sold to Menards. Mr. Voss confirmed that the only issue
today is to either renounce the county's interest in the
property or to assert their interest and either action should
not have any affect on the sale of the property other than
the ability of the City of Cheyenne to pass clear title to the
purchaser. Chairman Humphrey opened the meeting as
a PUBLIC HEARING and set out the guidelines for
commenting today; she asked speakers to not be repetitive
and to keep comments brief. Lynn Symons, on behalf of
Friends of the Cheyenne Botanic Gardens, stated that
there has been a somewhat promise by the City of
Cheyenne that proceeds from the sale of this property
would benefit the Botanic Gardens and that a member of
their organization was instrumental in getting the
restriction on the property removed by the federal
government. Chairman Humphrey asked City Attorney
Dan White to come forward. She asked if Mr. White had
any knowledge of the terms under which property in the
area was sold to the credit union. Mr. White stated he
spent a few minutes looking at file and confirmed the sale
of two acres did occur. Chairman Humphrey asked if there
was any knowledge at that time that the County had an
interest in the property. Mr. White stated there was no
notation in the file of that nature. She also asked how all
the improvements for ball parks and other parks on that
location were paid. Mr. White stated he believed that all
the improvements were paid for with city funds.
Commissioner Thompson asked if a title search had been
conducted on the two acres sold to the credit union. Mr.
White stated there was a title commitment in the file, but
he did not look at it carefully. Commissioner Thompson
asked if there was any notation of indemnification
between the City and the County in that file, and Mr.
White responded he was not aware of any. Hearing no
further comment, the Chairman closed the PUBLIC
HEARING. Commissioner Thompson voiced his
reluctance to go against the decision of a prior Board of
Commissioners and his belief that even though the
proceeds are to go for parks and recreation, it is still a sale
to a private party and that was specifically addressed in
the resolution. Commissioner Humphrey stated that she
wanted an assurance from the City of Cheyenne that every
penny of the proceeds would go toward parks and
recreation. Commissioner Woodhouse commented on the
demeaning attitude of the City of Cheyenne toward those
residents who live outside the municipal boundary using
city parks and facilities and asked the City Attorney what
assurance the City would make that the proceeds would go
toward parks and recreation. Mr. White stated assurance
to Land and Water Conservation Fund Program; city staff
are committed to complying and Mr. Parish, Recreation
Director, provided to the City Council Finance Committee
a list of improvements that would be made with proceeds
from this sale; this includes improvements to restrooms at
the ball parks and construction of a championship girls'
softball field. Mr. White stated there will be an audit trail
to prove that the moneys were used as intended. Rick
Parish, City Parks and Recreation Director, stated there are
tens of millions of dollars of improvement to parks that
need to be made. As far as the Botanic Gardens
expansion is concerned, it is his hope that this would be
included in the next specific purpose optional sales tax
election. Commissioner Woodhouse moved to have
Laramie County execute a quit claim deed on the
property to the City of Cheyenne with the provision that all
sales proceeds be used for parks and recreation purposes.
Commenting to the City of Cheyenne representatives that
this property is a valuable asset, Commissioner Thompson
seconded the motion, which passed unanimously.

23 EMA Director Rob Cleveland presented a resolution
imposing a partial burn ban in Laramie County until such
time as weather conditions allow it to be removed.
Commissioner Thompson moved to approve the resolution
imposing a partial burn ban in Laramie County.
Commissioner Woodhouse seconded the motion, which
passed unanimously. The resolution is filed in central
files with the County Clerk.

24 Commissioner Woodhouse moved to approve a second
amendment to the agreement with the Department of
Education for additional funding in the amount of
$159,000 through the Juvenile Detention American
Recovery and Reinvestment Act of 2009 to be used as permitted at the Laramie County Juvenile Services
Center. Commissioner Thompson seconded the motion,
which passed unanimously. The amendment is filed in
central files with the County Clerk.

25 Commissioner Thompson moved to approve a contract
between Laramie County and Foundations, to provide
substance abuse treatment, substance abuse treatment
case management, drug testing, and other services
determined necessary for participants of the Laramie
County Drug Court program in the amount of $150,000 to
run through August 31, 2012. Commissioner Woodhouse
seconded the motion, which passed unanimously. The
contract is filed in central files with the County Clerk.

26 County Clerk Finance Manager, Bob Cook, presented a
budget amendment to appropriate $16,445 from the
Laramie County Juvenile Services Joint Powers Board's
bond fund to the Laramie County Juvenile Detention
Center Construction Fund as payment of a bonus to the
contracted project manager, Brian Piersall. Chairman
Humphrey opened the meeting as a PUBLIC HEARING.
Bob Cook, representing himself as a citizen, stated his
difficulty in presenting this amendment today; this
payment was declined during the regular county budget
process and to approve it now with bond funds, which will
later be repaid with general fund money may cause
morale problems among other county employees.
Hearing no further public comment, the Chairman closed
the PUBLIC HEARING. Commissioner Thompson
expressed an interest in postponing a decision due to his
lack of information. Deputy County Attorney Sylvia Hackl
stated that this matter was brought to the attention of the
LCJSJPB months ago as a concern that whether or not
having the juvenile services center project as a
responsibility was in the purview of the project manager.
The JPB asked bond counsel if bond proceeds could be
used as compensation for the project manager and the
advice was that it was an appropriate expenditure.
Commissioner Woodhouse asked whether or not the
person serving in this capacity is a regular employee or
not. Ms. Hackl stated the individual is working on a time
limited basis, but does receive all the benefits of regular
county employees. Because the Deputy County Attorney
indicated that County Planner Gary Kranse might be more
able to answer the question, Mr. Kranse replied project
manager was originally hired to manage the $36 million
in projects funding by the 2008 SPOT tax and that the
position does end in 2012; however, the position is treated
as a county position with full benefits and leave accruals.
Commissioner Woodhouse moved to approve the budget
amendment as presented. Commissioner Thompson
seconded the motion, which passed unanimously.

The meeting adjourned at 4:39 p.m.

CERTIFICATION

I, Debra K Lathrop, Clerk of Laramie County, do hereby certify the above to be a true and correct copy
of the Minutes of the Proceedings for Tuesday, September 06, 2011

Approved by : Debra K. Lathrop
County Clerk
Reviewed by : Diane Humphrey, Chairman
Board of County Commissioners

 

This information is available in alternate forms. If reasonable accomodations are required, contact
Laramie County Human Resources, 310 West 19th Street, Cheyenne, WY 82001, (307)633-4355
within a reasonable time.

 

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