Public Notice No. 5458



JUNE 2, 2020
The  County Commissioners’ meeting was called to order June 2, 2020 at 9:01 a.m. with Chairman Patrick H. Wade, Vice-Chair John Midkiff, Commissioner Elaine Griffith, and County Clerk Becky L. Freeman, present. Jackie King with US Representative Liz Cheney’s office was in attendance by phone.
Chairman Wade led the group in the Pledge of Allegiance.
    County Attorney- Attorney Anne Wasserburger met with the Commissioners and discussed the resolution to appoint a special prosecutor.  She explained that she was requesting a special prosecutor to avoid any conflict of interest in an ongoing criminal investigation.  
     Resolution 20-06- Commissioner Griffith moved to approve
WHEREAS, the Board of County Commissioners of Niobrara County have been informed by the Niobrara County and Prosecuting Attorney that the Wyoming Division of Criminal Investigation has submitted to the County and Prosecuting Attorney’s Office a report of a criminal investigation conducted by the Division.  The Division has requested that the investigation be reviewed and, if appropriate, that criminal charges be filed;
WHEREAS, the County and Prosecuting Attorney for Niobrara County has advised the Board of County Commissioners that the investigation involves parties represented by her and her further participation in the matter would appear to be a conflict of interest or give the appearance of impropriety in determining the issues submitted by the Wyoming Division of Criminal Investigation;
WHEREAS, the County and Prosecuting Attorney has requested that pursuant to the appointment power provided her in W.S. 18-3-107(e) this Board of County Commissioners consent to her appointment of a qualified member in good standing with the Wyoming State Bar to serve  as special prosecutor, to review the investigative reports, evidence and any other materials  presented and, conduct any further inquiry and if appropriate, determine what charge or charges, if any, and should be filed, and if so to  prosecute the same to conclusion; and
WHEREAS, Wyoming Statutes §§ 18-3-302, 18-3-107 and 18-3-520 authorize such appointment by the County and Prosecuting Attorney;
NOW, THEREFORE BE IT HEREBY RESOLVED that the Board of County Commissioners consents to the appointment of a qualified member in good standing to serve as special deputy county and prosecuting attorney in this matter, subject to the conditions stated above.
WHEREAS this Board has been advised that the County and Prosecuting Attorney of Niobrara County has advised us of her intention to appoint Matthew F. Redle, a duly qualified member in good standing of the Wyoming State Bar, to serve as a special prosecutor in this matter;
IT IS FURTHER RESOLVED that this Board of County Commissioners hereby authorizes such appointment and that due compensation be provided for that purpose.
Vice-Chairman Midkiff seconded, motion carried.
Road and Bridge- Foreman Fred Thomas met with the Commissioners to discuss road and bridge business.
He said he has received quite a few complaints about the amount of traffic on Kaltenheuser Road.  Many people are using this road as a way to bypass the road construction on Highway 20 East.
He also mentioned the vacuum pump on the water truck is bad and the existing pump is no longer manufactured.   He said he could purchase a different style, and would have to reconfigure the current layout.  
He noted that Balidor is putting a water truck out on 20 Mile Road because they are going out through Manning’s and it is powdering out Divide Road.  
The group discussed some roads that could use work if a Fall road project is planned.  It was noted that County Road Funds are estimated to be approximately $40,000 less that originally projected in the Revenue Estimating Manual.  
2020 Spring Road Rehabilitation Project- Engineer Brian Wakefield and Project Manager Josh Harkins from BenchMark of Torrington met with the Commissioners and Foreman Thomas to open bids for the above project.  The project was bid two ways, Base Bid A was for hauling and placing owner-supplied aggregate and Base Bid B was for hauling and placing contractor-supplied aggregate because the distance to haul owner supplied aggregate was so great.   
Seven bids were received and the apparent low bidder was JW Services, LLC. with a bid for Base Bid A of $130,354.00.  This was the lowest bid by $60,000.00, which includes owner supplied rock costs.  The lowest bid for Base Bid B was $292,715.00.  Mr. Wakefield said they would review the bids to verify all figures and report back to the Commissioners with a recommendation of award.
Courthouse, Library and Justice Facilities Bid Opening- The Commissioners received bids for the above project from Sara Sampers, owner of Sampers Services and Traci Bruegger.   The apparent low bidder was Traci Bruegger, with a bid of $4,500.00 per month.   
Commissioner Griffith moved to award the bid to Traci Bruegger for $4,500.00 per month.  Vice-Chairman Midkiff seconded, motion carried.   Chairman Wade thanked both Mrs. Sampers and Ms. Bruegger for their interest.
Old Business- There was nothing new to report on old business.
Mr. Wakefield and Mr. Harkins rejoined the meeting and confirmed that JW Services, LLC., is the low bidder and they recommend that the Commissioners award the bid to JW Services, LLC.  
2020 Spring Road Rehabilitation Road Project- Vice-Chairman Midkiff moved to award the above project to JW Services, LLC., for $130,354.00.  Commissioner Griffith seconded, motion carried.  
Foreman Thomas returned to the meeting and informed the Commissioners that he would be able to purchase gravel from the Ruffing Pit and that he would gravel the first mile of Gravel Pit Road.    Chairman Wade said this was a decision that should have been discussed before committing to this.    He said it gives the appearance that the County is committing to gravelling a road for a private business even though Gravel Pit Road is a county road.
Prevention Contract – Dr. Melanie Pearce, Regional Public Health Nurse Supervisor, met with the Commissioners and the group discussed the upcoming Prevention grant.  
Elected Officials and Department Heads- Dr. Melanie Pearce, Emergency Management Coordinator James Santistevan, Assessor Teri Stephens, Extension Agent Denise E. Smith, Sheriff Cary Gill and Treasurer Keri Thompson met with the Commissioners and discussed county business and office operations.
Dr. Pearce said public health is trying to schedule a Healthy You program as well as some other programs.  She said that she and Kerry Steward are working on the Prevention grant and the work plan for the upcoming year.
 Mr. Santistevan said that the Food Bank of the Rockies will be here June 20, 2020 to distribute boxes of food for families in need.  He also said that the THIRA plan needs to be revised and is due by October 1, 2020.   He said he took the advanced weather spotters’ class and was certified.  
He also mentioned concerns he has received from people regarding the Legend of Rawhide and out of state people attending and perhaps spreading the Corona Virus.  
Assessor Stephens said her office has been out reviewing.  She noted her summer meetings had been cancelled.  She has submitted her abstract to the State and said that all state assessed values have been submitted.  
Sheriff Gill said that Deputy Applegarth has completed his training at the Wyoming Law Enforcement Academy and is certified.   He also noted he had received some calls regarding missing cows and calves.
Treasurer Thompson said there have been a lot of compliments on the Plexiglas barriers installed in the offices.  She and her staff are busy with day to day business
Clerk of Court Lund mentioned that her summer meetings will be held in Cody and she will be attending via Zoom.  She also submitted a contract between the Department of Family Services, Child Support Division and the Clerk of District Court that will need signed once it has been reviewed by legal counsel.   
Extension Agent Smith discussed conversations she has had with Drs. Pearce and Falkenburg regarding fair.  
She updated the Commissioners on information she has received regarding the replacement of phones at the fairgrounds.  The current system is old and is starting to fail.   They would like to continue the service with Mobius Communications, who supplied the existing phones.  She said the money to pay for the upgrade is in their budget.  The Commissioners authorized her to move forward and have Mobius provide new phones.  
Chairman Wade said he had been contacted by the Wyoming Department of Transportation and they said that due to budget constraints, they will be closing some rest areas and Lady Bird is one of them.

He also said he had talked to Jim Santistevan at Hiway Brake & Alignment and Mr. Santistevan said that the original replacement engine he had ordered did not have as good a warranty as he originally thought.  He will get a different engine from Dodge with a better warranty.    
Matt Jameson met with the Commissioners to discuss extending his contract with the County for janitorial services at the Fairgrounds.  
Contract Agreement Extension- Vice-Chairman Midkiff moved to sign the Contract Agreement Extension between Matt Jameson of Jameson Cleaning and Maintenance LLC, and Niobrara County.  Commissioner Griffith seconded, motion carried.  This extends the original contract for two years with an end date of June 30, 2022.  All other terms and conditions of the original contract remain unchanged and are still in force.   
Consent Agenda- Vice Chairman Midkiff moved to approve the consent agenda.  Commissioner Griffith seconded, motion carried.  Items on the consent agenda were the minutes of the May 19, 2020 meeting and receipts for May from the County Clerk for $4,535.74, from the Sheriff for $380.00, from the Clerk of Court for $465.00, and from the Public Health Nurse for $359.26.
Payroll and the following vouchers were approved for payment:

Vendor    Total    Detail Line Description
Aflac    $8,251.37    Supplemental insurance
Allbright’s True Value Hardware     $122.99    Supplies
Alsco     $274.30    Shop towels and coveralls
BAM Document Destruction & Recycling LLC  $269.90    Document shredding
BenchMark of Torrington P.C.     $2,470.87    Engineering fees
Benzel Pest Control, Inc.     $186.02    Pest control
Black Hills Chemical & Janitorial     $85.46    Supplies
Black Hills Energy     $1,016.02    Utilities
Blue Cross Blue Shield of WY    $21,732.00    Health Insurance
Bluffs Sanitary Supply     $89.99    Supplies
Bob Barker Co., Inc.     $68.53    Uniforms
Boldon Welding & Repair, LLC.     $36.87    Parts
Canon Financial Services, Inc.     $380.00    Copier service agreement
Century Link     $1,357.87    Telephone
Century Link Business Services     $68.70    Telephone
Chantry Filener     $1,822.00    New equipment, I T support
Connecting Point Computer Centers   $327.79    Copier service agreement
Cory Wilcox     $100.00    Deputy coroner
Decker’s Market     $51.86    Inmate meds, supplies
Delta Dental of WY    $1,304.90    Dental insurance
Dennis C. Meier     $1,000.00    Office rent
Dept. Of Health     $4,049.33    Co quarterly share of PH Nurse salary
Double A Properties, LLC.     $1,000.00    Office rent
Frank Parts Company     $112.36    Parts
Fusion Cloud Services, LLC.     $897.62    Telephone
Galls     $294.94    Uniforms
Geographic Innovations     $1,300.00    Professional mapping
Grainger     $473.04    New equipment
GreatAmerica Financial Svcs.     $380.00    Copier lease payments
Great-West Trust Co., LLC.    $19,425.00    Deferred compensation
Hiway Brake & Alignment     $478.09    Vehicle repairs
Hometown Country     $59.40    Supplies
Jameson Cleaning & Maintenance, LLC.  $6,800.00    Fairgrounds cleaning contract
Jim Tangney     $2,664.75    Installation of Plexiglas in offices
Kerry Steward     $31.62    Reimburse for supplies, telephone
Lawson Products, Inc.     $62.35    Parts
Lusk Herald     $3,680.95    Publications
MasterCard     $3,548.80    Supplies, travel, postage, new equip.
McKesson     $74.62    Medical supplies
New Jersey Family Support Payment Ctr.    $819.00    Order
Niobrara County Hospital District     $35,615.28    1% Option Tax & inmate medical
Niobrara County Library     $1,725.00    Deferred comp.
Niobrara County Public Health     $323.21    Prevention grant indirect costs
Niobrara County Sheriff’s Office     $69.20    Postage, travel expense
Niobrara Electric Association     $52.58    Radio tower
Office Depot     $306.75    Supplies, new equipment
OK Wrecking, LLC.     $760.00                  Abandoned vehicle and towing expenses
Pine Ridge Enterprises, LLC.     $4,700.00    Courthouse cleaning contract
Rawhide Drug Company     $176.77    Inmate medical
Schindler Elevator Corporation     $1,248.63    Quarterly mtnc. payment
SE Consortium     $210.00    Random drug testing
Sylvestri Customization     $100.00    Prevention service implementation
Thomson Reuters-West     $154.50    Law library
Timberline Services, Inc.     $28,692.16   Final pay request for 2019 Road Rehab project
Torrington Office Supply     $143.44    Supplies
Town Of Lusk     $2,267.65    Utilities
TrueNorth Steel     $1,751.38    Parts
Tyler Technologies     $3,555.57     Annual mtnc. agreement &computer expense
USPS     $3,741.44    Postage
Valley Motor Supply     $1,188.39    Parts
Verizon Wireless     $298.82    Telephone
Vision Service Plan    $455.89    Vision insurance
Visionary Broadband     $530.34    I T expense
WEBT    $216.00    Life insurance
Westco     $1,880.98    Fuel
Whitaker Oil     $3,157.30    Fuel
WY Assoc. of Sheriffs & Chiefs of Police    $50.00    Dues
Wyoming Machinery Company     $8,487.23    Parts
Wyoming Network, Inc.     $200.00    I T expense
Wyoming State Treasurer     $24.51    Jury fees- face masks
Xerox Corporation     $128.14    Copier service agreement
Grand Total    $189,380.47    
There being no further business, the meeting adjourned.     
Patrick H. Wade, Chairman
Becky L. Freeman, Clerk
Public Notice No. 5458. Published in The Lusk Herald on June 24, 2020.