Public Notice No. 5771

Public Notice

The County Commissioners’ meeting was called to order on May 3, 2022, at 9:06 a.m. with Chairman Patrick H. Wade, Vice-Chairman John Midkiff, Commissioner Elaine Griffith, and County Clerk Becky L. Freeman present. Members of the audience included Tyler Martineau with The Lusk Herald.
    Road & Bridge- Foreman Fred Thomas reported on road and bridge business. He said that Timberline Services, Inc. had finished crushing rock at the Ruffing Pit and that Mobile Concrete is going to try to move the crusher in to the Manville Pit and begin crushing soon.
    He said that his new employee has to go to a school for a week to obtain his CDL but it will cost $3500 plus lodging.  He will investigate other options such as online courses, etc.
    Sue Anderson called in to discuss road maintenance on S. Mahnke Road. There is an “End County Road Maintenance” sign on S. Mahnke Road, and when it was installed, she told them the incorrect spot to place it. She voiced concerns because road and bridge will not plow anything beyond that sign and she said the easement for that road does not end at the sign.
    Chairman Wade said that the matter would be reviewed and if the easement does go past the sign, the county will reevaluate the situation.
    Josh Harkins, with BenchMark of Torrington, met with the Commissioners and presented Change Order #1 to the 2022 N. Lance Creek Road Rehabilitation Project. The change order provides for an extension of contract work to include an additional 2.5 miles of N. Lance Creek Road Rehabilitation work over various locations of a 3.5-mile section of the road. This change order is $74,054.00 increasing the original contract price to $254,865.60. This change order will also cause the Contract Time to be extended by 20 days.
    2022 N. Lance Creek Road Rehabilitation Project Change Order #1- Vice-Chairman Midkiff moved to sign Change Order #1 for the N. Lance Creek Road Rehabilitation Project. Commissioner Griffith seconded, and the motion carried.
    Elected Officials & Dept. Heads- Darcy Cowardin, Niobrara County Nurse Manager, and Michelle Kremers, Niobrara County Public Health Nurse reported on public health nursing services. Ms. Cowardin stated that they have been looking at buildings for the relocation of the public health nurse office. She said that Mrs. Kremers has been busy administering vaccines and is working on her own.  Due to the increase in activity, Ms. Cowardin said she was hopeful that, in the future, they can increase the number of days that public health is open.  
    Kellie Chichester, 4-H/Youth Development Extension Educator said she and a fair board member have been interviewing applicants for the extension office/fair board administrative assistant. She said the UW intern should be working by the end of the month.
    She noted the new sound system is being installed this weekend and will greatly improve the sound quality in the auditorium and this is the final 4-H Friday of this school year.
    Teri Stephens, Assessor, said this is the last week of the appeal period. She has had some inquiries about property taxes, but has been able to work them out with taxpayers. She said she hoped to have staff begin fieldwork next week. She did note that she had to purchase a new tablet for the fieldwork, as the old one was no longer compatible with the programs they use.   
    Keri Thompson, Treasurer, said her office has been busy helping people apply for the property tax refund program, as well staying busy with day-to-day business.
    Cary J. Gill, Sheriff, discussed the sheriff’s office. He noted that there were currently six inmates being housed at the jail.  
     Chrisanna Lund, Clerk of District Court, said her office has been busy filing new probates and passports.  She received an Order from the District Court allowing a defendant to proceed on appeal in forma pauperis, all fees are to be waived-including transcription costs as the individual is indigent and the County must pay them.  
    Becky Freeman, County Clerk, discussed elections, and office operations.
    Commissioner Griffith said she is still working on the Request for Proposal (RFP) for the planning and zoning plan updates.  
    Kelly Dean, Undersheriff, said there would be an A.L.I.C.E. (Alert, Lockdown, Inform, Counter, Evacuate) training for courthouse employees on May 11 at 5:30 p.m.   
    Daniel Staffan with AT&T FirstNet met with the Commissioners, Sheriff Gill, and Undersheriff Dean to discuss AT&T FirstNet cell service and the benefits it provides for first responders.
    Mr. Staffan said that FirstNet was created after 9/11 and was meant to give priority to first responders in emergencies.  
    Undersheriff Dean said he uses FirstNet personally and has coverage in areas where there is not usually coverage with Verizon.
    County Attorney- Anne Wasserburger met with the Commissioners, Sheriff Gill, Undersheriff Dean, and Detention Officer Joe Bleming to discuss inmate medical expenses. Ms. Wasserburger stated that if the inmate has an underlying medical condition or has an injury that is no fault of the county, it is the prisoner’s responsibility to pay for the medical treatment.  If the medical provider has attempted to collect from the inmate and they have not paid, the provider must then submit an affidavit along with the bill to the County stating they have attempted to collect payment but have been unsuccessful in receiving payment. It is then the responsibility of the county to pay the bill and to try to recover expenses through a civil action against the inmate.  
     Executive Session- Vice-Chairman Midkiff moved to enter into executive session at 11:31 a.m. with Attorney Wasserburger to discuss the consideration of hiring of an employee pursuant to W.S.S. 16-4-405(a)(ii). Commissioner Griffith seconded, and the motion carried.   
    Commissioner Griffith moved to leave executive session at 11:42 a.m. Vice-Chairman Midkiff seconded and the motion carried. There was no action taken.
    Commissioner Griffith moved to enter into executive session with Attorney Wasserburger at 11:45 a.m. to discuss a real estate purchase or site selection pursuant to W.S.S. 16-4-405(a)(vii). Vice-Chairman Midkiff seconded, and the motion carried.
    Vice-Chairman Midkiff moved to leave the executive session at 12:15 p.m. Commissioner Griffith seconded, and the motion carried.  There was no action taken.
    Chairman Wade announced that the Commissioners received letter of retirement from Sheriff Gill and his last day as Sheriff of Niobrara County will be June 30, 2022.  
    Memorandum of Understanding (MOU)- Tod Nelson, President and Wylie McGuire, Secretary of the Lance Creek Water and Sewer District met with the Commissioners and the group reviewed the MOU between the two entities.  The MOU provides information regarding the allocation of $16,500.00 of funds received by Niobrara County from the American Rescue Plan Account Funds for an investment in water infrastructure for its constituents in the Lance Creek area. Vice-Chairman Midkiff moved to sign the Memorandum of Understanding between the Lance Creek Water and Sewer District and Niobrara County. Commissioner Griffith seconded and the motion carried.
    Foreman Fred Thomas stopped in and let the Commissioners know that the easement on S. Mahnke Road does go past the “End County Road Maintenance” sign.  The sign will be relocated.
    Chairman Wade contacted Mrs. Anderson to update her with this information.
    Old Business- There was nothing to report on the SLIB easements or fairgrounds and the group will meet soon to continue work on the management policy plan updates.   
    Commissioner Griffith said she had made some changes to the Request for Proposal for the Planning and Zoning regulation updates and sent them to James Kruse to review.  
    Special Districts and Ad Valorem Tax Shortfalls- Gail Mahnke, Weed & Pest, Randi Ross, Senior Center, and Dana Gilleland, Hospital District met with the Commissioners and Keri Thompson, Treasurer, to discuss possible loans available to the county and special districts because of the passage of SF0038 monthly ad valorem tax revisions and previously SF0060 monthly ad valorem tax revisions-2. Chairman Wade said that because of the shortfalls in ad valorem tax created by the passage of these bills, 0% interest loans were available to counties and special districts throughout the state, with the exception of Laramie, Sheridan, Sublette, and Teton Counties. He explained that the county was eligible to apply for $83,958.00 and special districts $36,942.00.  After some discussion, neither the county nor the special district representatives chose to apply for the loans.    
    Commissioners’ Scholarships- Commissioner Griffith moved to award the three scholarships to Bryce Goodwin, Riley Blackburn, and Walker Kupke. Vice-Chairman Midkiff seconded and motion carried. There was a fourth application submitted, but the applicant was deemed ineligible because they were not attending the University of Wyoming or a Wyoming community college as required by Wyoming Statutes.  
    Resolution 22-05- Commissioner Griffith moved to approve Resolution 22-05, A RESOLUTION ADOPTING THE OFFICIAL 2022 ELECTION DISTRICTS AND PRECINCTS FOR NIOBRARA COUNTY, WYOMING
    WHEREAS, Pursuant to W.S. § 22-7-101, the Board of County Commissioners, with the advice or recommendation of the County Clerk, no later than the first meeting in May in every general election year, shall divide the County into not more than thirty (30) Election Districts; and
    WHEREAS, each district shall be designated by number; and
    WHEREAS, election districts shall be changed only at this designated meeting; and
    WHEREAS, the County Clerk has recommended that there be no changes to the existing boundaries and the following districts and precincts be established as follows:
Districts & Precincts
Polling Place Name
Polling Place Location
Rennard’s Garage, 19609 US Hwy 85, Lusk
Hat Creek
Hat Creek Stage Station, 896 Stage Road, Lusk
Lance Creek
Lance Creek Elementary School, 325 20 Mile Rd., Lance Creek
North Lusk
Niobrara County Fairgrounds, 4080 US Hwy 20, Lusk
South Lusk
Niobrara County Fairgrounds, 4080 US Hwy 20, Lusk
Manville Town Hall, 651 5th St., Manville
    NOW, THEREFORE, BE IT RESOLVED, that the above Election Districts and Precincts be set for the next two (2) years in Niobrara County.
    Adopted this 3rd day of May 2022.
/s/ Patrick Wade, Chairman, /s/ John Midkiff, Vice-Chairman, /s/ Elaine Griffith, Commissioner
Attest: /s/ Becky L. Freeman, County Clerk
Vice-Chairman Midkiff seconded and the motion carried.  
    Court Security Grant Application- Vice-Chairman Midkiff moved to authorize the submission of a Homeland Security grant application for courthouse security enhancements for $5,055.05. Commissioner Griffith seconded and the motion carried.
     Consent Agenda-Vice-Chairman Midkiff moved to approve the consent agenda. Commissioner Griffith seconded, and the motion carried. Items on the consent agenda were the minutes of the April 19, 2022 meeting and receipts for April from the County Clerk for $3,696.86, from the Sheriff for $490.00, and from the Clerk of Court for $844.00.
    Road-Crossing Permit- Vice-Chairman Midkiff moved to approve the road-crossing permit for Breitburn Operating, L.P. to bore under Greasewood Road located in the SESE of Section 35, T39N, R63W, Niobrara County, to install a 4” fiberglass line to transport produced water. Commissioner Griffith seconded, and the motion carried.
    Payroll- $102,966.65, and the following vouchers were approved for payment: Bills are listed in the following format: Vendor – Department – Description – Amount:
3 Sister’s Truck Stop- Road & Bridge- Fuel - $45.20, Aflac- Various- Supplemental insurance- $6891.34, Allbright’s True Value- Various- Parts, supplies- $74.61. Alsco- Road & Bridge- Shop towels & coveralls- $343.77, Anne Wasserburger- County Attorney- Supplies- $47.99, Ashley Clark- Sheriff- Tobacco compliance checks- $97.20, BAM Document Destruction & Recycling, LLC- Various- Document shredding- $269.90, Barnes Law, LLC.- Clerk of Court- Court appointed attorney- $70.58, Becky L. Freeman- Elections- Travel expense- $288.49, BenchMark of Torrington- County Road Fund- Engineering fees- $1214.76,  Black Hills Chemical & Janitorial- Various- Cleaning & maintenance supplies- $1509.58, Black Hills Energy- Various- Utilities- $2010.47, Blue Cross Blue Shield of WY- Co admin- Health insurance- $18,147.00, Bob Barker Co., Inc.- Detention- Commissary account- $58.05, Canon Financial Services, Inc.,- General County- Copier service agreements- $330.00, Cathcart Fire & Safety, LLC.-  Road & Bridge- Fire extinguisher inspections- $237.50, Century Link- Various- Telephones, E911 - $2062.06, Century Link Business Services- Various- Telephone- $82.49, Chantry Filener- Assessor- Computer expense, equipment repair, new equipment- $790.00, Communication Technologies, Inc.- Emergency Mgmt- Equipment repairs- $674.00, Connecting Point Computer Centers- Various- Copier service agreements- $394.10, Cory Wilcox- Coroner- Deputy coroner stipend - $120.00, Decker’s Market- Various- Supplies, inmate medical, commissary account - $50.47, Denise E. Smith- Extension- Office help- $281.19, Delta Dental of WY- Various- Dental insurance- $1241.60, Dennis C. Meier- Circuit Court Magistrate- Office rent- $1000.00, Department of Health- Public Health Nurse-  reimbursement to State for Co. share of PHN salary- $2554.02, Dooley Oil, Inc. – Road & Bridge- Oil- $1711.57, Double A Properties, LLC.- County Attorney- Office rent- $1000.00, Drug Detention- Supplies- $80.00, Floyd's Truck Center, Inc.- Road & Bridge- Parts- $205.52,  Frank Parts Co.- Road & Bridge- Parts- $329.33, Fusion Cloud Service- Various- Telephones- $879.48, Geographic Innovations- Assessor- Professional mapping - $1300.00, Great-West Trust Co., LLC.- Various- Deferred compensation contribution- $17,270.00, Goshen County Detention Center- Detention- Inmate housing and medical- $1720.77, GreatAmerica Financial Services.- Sheriff- Copier service agreements- $103.00, Hiway Brake & Alignment- Sheriff- Vehicle repairs- $386.58, Honey Badger Towing & Recovery, LLC.- Sheriff- Abandoned vehicles- $284.00, Jameson Cleaning & Maintenance- Facilities- Fairgrounds cleaning contract - $6800.00, JW Services, LLC.- County Road Fund- Pay Request 1- $79418.28,  Katie Krein- Prevention Grant- Phone, IT expense, Operational Supports- $109.13, Ken Brown- Clerk of Court- Court appointed attorney- $90.00, Lusk Herald- General County- Publications- $1586.25 Lusk State Bank- Various- Payroll taxes & supplies-31026.77, MasterCard- Various- Supplies, travel, postage, computer expense, IT expense, new equipment- $3485.03, Matthew Gordon- Public Health Response Coordinator- Phone - $40.00, McKesson Medical Surgical- Public Health Nurse- Medical supplies- $133.29, Michelle Kremers- Various- Travel, TANF, supplies, MCH-Non TANF- $187.79, Mountain Diversified Services, LLC.,- Courthouse- Tree trimming/removal- 4400.00, NCIC Inmate Communications- Detention- Inmate phone-$245.16, Niobrara County Hospital District- 1% Option Tax - $10515.31, Niobrara County Library- General County- Library deferred compensation- $1725.00, Niobrara County Public Health- Prevention grant- Indirect costs- $305.95, Niobrara Electric Association- Various- Radio tower electricity- 55.87, Office of the State Public Defender- Clerk of Court- FY 22 County supplement of public defender budget- $8170.41, One Stop Safety Solutions- General County- Annual random drug test fees- $240.00, Palen Law Offices, LLP.- Clerk of Court- Court appointed attorney- $410.00, Porter, Muirhead, Cornia, & Howard- General County- Audit- $19500.00, Quadient Leasing USA, Inc.- General County- Quarterly postage meter lease payment- $1207.38, Rawhide Drug Company- Detention Center - Inmate medical- $521.76, Stephens-Peck, Inc.-  County Clerk- Supplies- $100.00, Swanson Services Corp.- Detention Center- Inmate Commissary- $337.44,  Team Laboratory Chemical, LLC.- Facilities- Fairgrounds supplies- $179.50, Thomson Reuters-West- County Attorney- Law library- $163.91, Torrington Office Supply- Various- Supplies- $464.46, Town of Lusk- Various- Utilities- $2720.95, Traci Bruegger- Facilities- Cleaning contract- $4500.00, Tricia L. Mutchler- Clerk of Court- Transcription of court case- appeal by defendant- $680.25, Tyler Technologies- County Clerk-  Computer expense- $168.00, Valley Motor Supply-Various- Parts- $549.74, Verizon Wireless- Various- Cell phones, computer expense & base fee- $272.70, Vision Service Plan- Various- Vision Insurance $430.42 Visionary Broadband- Various- I T expense- $447.85, WEBT- Co admin- Life insurance- $198.00 Westco- Road & Bridge- Dyed diesel- $5599.99, Whitaker Oil- Various- Fuel- $3853.77, Wyoming Child Support- Payroll- Child Support- $766.04, WY Enterprise Technology Services- Various- IT expense- $8.72, Wyoming Machinery Company- Road & Bridge- Equipment repairs- $487.91- Wyoming Network, Inc.- General County- IT expense- $200.00, Wyoming Office of Guardian ad Litem- Clerk of Court- Co. share of GAL fees- $1303.77,  Wyoming Women’s Center- Detention- Inmate meals- $3982.80, Xerox Corp.- Co admin- Copier service agreement- $128.23,  Accounts payable total- $263874.45.  Grand total- $366841.10.
    There being no further business, the meeting adjourned.

                            NIOBRARA COUNTY COMMISSIONERS
                            Patrick Wade, Chairman

Becky L. Freeman, County Clerk
Public Notice No. 5771. Published in The Lusk Herald on May 25, 2022