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Monday, August 22, 2022
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Posted Aug 22, 2022
Public Notice

The County Commissioners’ meeting was called to order on August 2, 2022, at 9:03 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 Heather Goddard with The Lusk Herald and Randy Starkey.
Chairman Wade led the group in the Pledge of Allegiance.
    Road & Bridge- Foreman Fred Thomas said they started hauling millings from the North Hwy 85 road project being done by the State. He said road and bridge assisted in hauling the millings but were responsible for stockpiling the millings and would most likely receive 5,500 tons.  He is hoping to use some of the millings on the remaining 5.8 miles of Boner Road needing improvements.
    Next, the group discussed the road between the Manville Cemetery and the Town of Manville.  The Manville “Spur” belongs to the County although attempts have been made in the past to change the ownership to the Town of Manville.  
    The group agreed that portion of the road needs repairs and Mr. Thomas said Manville has enough material to repair it.  He said road and bridge could rip up 6/10ths of the road and repair it.
    He noted that it has been so dry that they aren’t blading roads now.  They are working on cleaning out auto gates.   
    Chris Walsh, Executive Director of Wyoming Peace Officer Standards and Training (P.O.S.T.) joined the meeting.
    Undersheriff Kelly Dean met with the Commissioners to discuss a Cisco Umbrella and Secure Endpoint quote. He asked for additional funding to purchase the cyber security and endpoint protection system. He said this system would provide DNS filtering of the incoming and outgoing internet traffic at a cloud level.   
    The Commissioners asked him if he could use the same system the county is using, and Undersheriff Dean said he was more familiar with the Cisco system and found it to be less expensive.
    The Commissioners agreed that there was something needed. Commissioner Griffith moved to approve the purchase of the Cisco Umbrella and Secure Endpoint system.  Vice-Chairman Midkiff seconded, and the motion carried.
    Dispatch Supervisor L. D. Stone met with the Commissioners to discuss office operations.
    Chairman Wade asked for a motion to enter executive session at 9:40 a.m. to discuss a personnel issue with Supervisor Stone.  Commissioner Griffith moved to enter executive session.  Vice-Chairman Midkiff seconded, and the motion carried.
    Vice-Chairman Midkiff moved to reconvene the regular session at 9:45 a.m. Commissioner Griffith seconded, and the motion carried. There was no action taken
    Lusk Chief of Police Bo Krein joined the meeting.
    Old Business- There was no new information to report on the post construction road easements.
    It was noted that the County is in the process of purchasing the Abraxas building for public health nursing.  Chairman Wade noted that American Rescue Plan Act funding is being used, not general county funds.
    2022 Mill Levies- Commissioner Griffith moved to set the mill levies as set forth by the assessor.  Vice-Chairman Midkiff seconded, and the motion carried.
    Elected Officials and Department Heads- Emergency Manager James Santistevan noted that the generator for the fairgrounds did not automatically start last week during the county wide power outage.  He was able to restart it manually, however, he had difficulty.  He is in contact with someone who will come to look at it.  He would like to have an annual contract with the company to come and check the generator.
    He also reported on the Cow Creek fire in the northwest portion of the county.  
    Assessor Teri Stephens said her computers are back up and running in her office.  She noted the fieldwork is mostly completed for the summer.  She has staff that will be attending classes for the next few weeks.
    Treasurer Keri Thompson said her office is working on fiscal year end reports for various entities. She said the tax sale will be held September 14th.  
    County Clerk Becky Freeman reported on preparations for the upcoming elections and noted that an Accuracy and Logic test of the election equipment had been performed, the equipment was sealed and ready to be sent to the polling places.   
    Public Health Nurse Supervisor Darcy Cowardin said that COVID is steady, but they are not tracking any outbreaks. They are continuing to offer vaccines and are having vaccination clinics for school age children.
    She also addressed security concerns at the public health office. She was wondering if panic buttons could be installed or perhaps hire an administrative assistant.  The group will revisit this issue.  
    County Attorney Anne Wasserburger and Undersheriff Kelly Dean joined the meeting.  
    Chairman Wade regretfully informed the audience that Sheriff Cary Gill had his P. O. S. T. certification suspended for one year and that he had received Sheriff Gill’s resignation on August 1, 2022 effective August 15, 2022.
    Commissioner Griffith moved to accept Sheriff Gill’s resignation, effective August 15, 2022.  Vice-Chairman Midkiff seconded, and the motion carried.
    P. O. S. T. Director Chris Walsh discussed the investigation leading to Sheriff Gill’s law enforcement certification suspension. A two-year investigation was conducted by the Department of Criminal Investigation (DCI) regarding a deputy who was falsifying time sheets and claiming time for federal and state grants that wasn’t worked.  This investigation revealed that the Sheriff had knowledge of the misrepresentation and signed off on the timesheets.
    There were approximately 700 hours reported that were misrepresented and approximately 264 hours were under Sheriff Gill’s time in office.
    The case was turned over to a special prosecutor and after a lengthy review, he declined to prosecute.  The deputy was permanently decertified, and Sheriff Gill’s certification was suspended for one year.  With the suspension, the sheriff has no arrest powers and can act in an administrative role only. Mr. Walsh wanted to acknowledge that Sheriff Gill had put in over 40 years of good service in law enforcement.  
    Chairman Wade thanked Mr. Walsh and said he had watched the post hearing and said it was conducted in a very professional manner.  He further stated that the Commissioners also regretted that the situation had come to this.     
    Mr. Walsh noted that the meeting can be accessed on P.O.S.T.’s website and that the only thing that is of public record on this case is the settlement agreement between Sheriff Gill and P.O.S.T.   
    Sheriff Vacancy- Commissioner Griffith moved to declare a vacancy in the office of the Niobrara County Sheriff effective August 15, 2022.  Vice-Chairman Midkiff seconded, and the motion carried.
    County Attorney- Attorney Anne Wasserburger met with the Commissioners and discussed county business.  She noted that there were four public health contracts to sign. Undersheriff Kelly Dean was also present.
    Executive Session- Vice Chairman Midkiff moved to enter executive session at 10:50 a.m. with Attorney Wasserburger and Undersheriff Dean to discuss a personnel issue. Commissioner Griffith seconded, and the motion carried.
    Commissioner Griffith moved to reconvene the regular session at 11:30 a.m. Vice-Chairman Midkiff seconded, and the motion carried.  No action was taken.
    Public Health Preparedness and Response Unit- Commissioner Griffith moved to sign the Public Health Preparedness and Response Unit grant between the Wyoming Department of Health, Public Health Division and Niobrara County for $11,000.00 with an effective date of July 1, 2022, through June 30, 2023. Vice-Chairman Midkiff seconded, and the motion carried.    
    Public Health Crisis Response Cooperative Agreement- Vice Chairman Midkiff moved to sign the Public Health Crisis Response Cooperative Agreement between the Wyoming Department of Health, Public Health Division and Niobrara County in an amount not to exceed $100,000.00 with an effective date of July 1, 2022, through June 30, 2027. Commissioner Griffith seconded and the motion carried.  It should be noted that the Agency (DOH) has not yet received funding from the CDC for this contract.
    Public Health Preparedness and Response Unit Grant- Commissioner Griffith moved to sign the Public Health Preparedness and Response Unit, Public Health Nursing Unit, and Infectious Disease Epidemiology Unit contract between the Wyoming Department of Health, Public Health Division and Niobrara County for $9,600.00 with an effective date of July 1, 2022, through June 30, 2023.  Vice-Chairman Midkiff seconded, and the motion carried.  
    Maternal Child Health Grant- Vice-Chairman Midkiff moved to sign the Memorandum of Understanding between the Wyoming Department of Health, Public Health Division and Niobrara County for Maternal Child Health Services not to exceed $4,000.00 with an effective date of July 1, 2022, through June 30, 2024.  Commissioner Griffith seconded, and the motion carried.  
    Executive Session- Vice Chairman Midkiff moved to enter executive session at 11:55 a.m. with Attorney Wasserburger, to discuss a potential real estate transaction.  Commissioner Griffith seconded, and the motion carried.
    Commissioner Griffith moved to leave executive session at 12:10 p.m. Vice-Chairman Midkiff seconded, and the motion carried.  No action was taken.
    Planning and Zoning Request for Proposal Bid Award- Planning and Zoning Board Members, Sena Pearson, Dan Henry Hanson, James Kruse, Brian Zerbe, and Josh Harkins with BenchMark of Torrington met with the Commissioners to discuss the RFPs for the planning and zoning manual rewrite.
    The group discussed the pros and cons of the various bids.  After some debate, Vice-Chairman Midkiff moved to award the planning and zoning manual rewrite to BenchMark of Torrington for $45, 579.00.  Commissioner Griffith seconded, and the motion carried.
    Chairman Wade said that he would contact the County Attorney to draft an agreement for signature at the next meeting.
    Clerk of Court Chrisanna Lund met with the County Commissioners and discussed county business and office operations as she was unable to attend the earlier elected official’s meeting.
     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 July 19, 2022, regular meeting, and receipts for July from the County Clerk for $5,795.92, from the Clerk of Court for $ 1,008.00 and from the Public Health Nurse for $223.15.
      Payroll and the following vouchers were approved for payment: Bills are listed in the following format: Vendor- Department- Description- Amount- July Payroll- $113914.47, Aflac- Various- Supplemental insurance- $6891.34, Allbright’s True Value- Various- Parts, supplies- $69.93, Alsco- Road & Bridge- Shop towels & coveralls- $453.50, Barker Concrete & Construction- County Road Fund- Auto gates/culverts- $2887.50, Barnes Law, LLC.- Clerk of Court- Court appointed attorney- $1690.00, Becky L. Freeman- Elections- Supplies- $95.79, Black Hills Chemical & Janitorial- Various- Cleaning & maintenance supplies- $1206.04, Black Hills Energy- Various- Utilities- $295.24, Blue360 Media, LLC.- Sheriff- Supplies- $478.17, Bob Barker Co., Inc.- Detention- Commissary Account- $319.22, Canon Financial Services, Inc.,- General County- Copier service agreements- $330.00, Carrot Top Industries- Courthouse- Supplies- $182.30, Century Link- Various- Telephones, E911 – $2353.49, Century Link Business Services- Various- Telephone- $84.71, Chantry Filener- General County- I T support – $3562.50, Christina Zumbrennen- Detention- Inmate medical (6 mos.)- $2075.00, Colby K. Sturgeon- Clerk of Court- Court appointed attorney- $380.00, Connecting Point Computer Centers- Various- Copier service agreements- $204.02, Cory Wilcox- Coroner- Deputy coroner stipend – $150.00, Decker’s Market- Various- Supplies, inmate medical – $300.37, Delta Dental of WY- Various- Dental insurance- $1318.10, Dennis C. Meier- Circuit Court Magistrate- Office rent- $1000.00, Double A Properties, LLC.- County Attorney- Office rent- $1000.00, Drug TestsInBulk.com- Detention- Supplies- $80.00, Election Systems & Software, Inc.- Elections- Annual equipment mtnc., ballot coding & printing, supplies- $16308.86,  Frank Parts Co.- Road & Bridge- Parts- $49.16, Geographic Innovations- Various- Professional mapping – $1300.00, Great-West Trust Co., LLC.- Various- Deferred compensation contribution- $17240.00, Goshen County Detention Center- Detention- Inmate housing and medical – $1721.74, GreatAmerica Financial Services.- Various- Monthly & annual copier service agreements- $2584.49, Herren Brothers True Value-  Road & Bridge- Parts- $209.20, Hiway Brake & Alignment- Sheriff- Vehicle repairs- $77.40, Hometown Country- General County- Supplies- $166.60, Honey Badger Towing & Recovery, LLC.- Sheriff- Vehicle repairs- $115.00, Hot Line Guides- Assessor- Supplies- $50.00, Jameson Cleaning & Maintenance- Facilities- Fairgrounds cleaning contract & CH repairs – $7696.56, Johnson Controls- Facilities- Justice center maintenance- $897.00, Katie Krein- Prevention Grant- Phone, IT expense, operational supports- $123.94, Ken Brown- Clerk of Court- Court appointed attorney- $1320.00, Kroll Associates, Inc.- General County- IT cyber incidents support- $40800.03, Lawson Products, Inc.- Road & Bridge- Parts- $62.09, Local Government Liability Pool- General County- Liability insurance- $13931.00, Lusk Herald- Various- Publications- $5401.50, Lusk/Niobrara Ambulance Service- Detention- Inmate medical- $700.00, Lusk State Bank- Various- Payroll taxes -$34430.71, MasterCard- Various- Supplies, travel, postage, computer expense, IT expense, new equipment- $1283.26, Matthew Gordon- Public Health Response Coordinator- Phone – $40.00, Michelle Kremers- Various- Travel, supplies – $76.25, NCIC Inmate Communications- Detention- Inmate phone- $236.93, Niobrara County Fair Board- General Co- Quarterly allocation in lieu of mill levy  – $19688.75, Niobrara County Hospital District- 1% Option Tax , employee medical- $13597.94, Niobrara County Library- General County- Quarterly allocation in lieu of mill levy  & deferred compensation- $38640.75, Niobrara Electric Association- Various- Radio tower electricity- $51.63, Plainsman Printing & Supply- Clerk of Court- Supplies- $379.52, Pomp’s Tire Service, Inc.- Road & bridge- Tires- $9129.36, Quadient Leasing USA, Inc.- General county- Qtrly. postage meter lease payment- $1202.19, Rawhide Drug Company- Various – Inmate medical, supplies- $292.04, Shook, Hardy, & Bacon- General county- I T cyber incidents support- $11,682.00, Spooled Up Performance, LLC.- Sheriff- Vehicle repairs- $1140.00, Swanson Services Corp.- Detention Center- Inmate Commissary- $400.80, The Master’s Touch, LLC.- Treasurer- Mailing service- $1530.00, Thomson Reuters-West- County Attorney- Law library- $163.91, Torrington Office Supply- Various- Supplies- $251.00, Town of Lusk- Various- Utilities- $2566.08, Traci Bruegger- Facilities- Cleaning contract- $4300.00, Uline- Elections- Supplies- $196.02, USPS- Elections- Postage- $260.74, Valley Motor Supply-Road & Bridge- Parts- $152.31, Verizon Wireless- Various- Cell phones, computer expense & base fee- $260.34, Vision Service Plan- Various- Vision Insurance $453.56, Visionary Broadband- Various- I T expense- $447.85, WEBT- Co admin- Health & life insurance- $21077.75, Wyoming Association of Risk Mgmt. Property Insurance Pool- Property insurance premium- $39166.13, Westco- Road & Bridge- Dyed diesel- $2101.64, Whitaker Oil- Various- Fuel- $4032.00, WY Dept. of Health Public Health Lab- Public Health- Medical supplies- $28.00, WY Enterprise Technology Services- General county- I T expense- $8.00, Wyoming Behavioral Institute- General County- Involuntary commitment- $1508.00, Wyoming County Commissioners Association- County Commissioners- FY22-23 Dues- $6829.00, Wyoming Lawn Sprinklers- Courthouse- Sprinkler system maintenance- $171.67, Wyoming Machinery Co.- Road & Bridge- Parts- $1508.12, Wyoming Network, Inc.- General County- IT expense- $200.00, Wyoming Women’s Center- Detention- Inmate meals- $2122.08, Xerox Corp.- Co admin- Copier service agreement- $131.58,  Payroll Deductions & Accounts payable total- $278488.24  
Grand total for July- $473814.17

There being no further business, the meeting adjourned.

                    NIOBRARA COUNTY COMMISSIONERS
                    Patrick Wade, Chairman
Attest:
Becky L. Freeman, County Clerk

Public Notice No. 5825. Published in The Lusk Herald on August 24, 2022
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