May 31, 2018

COMMISSIONERS’ PROCEEDINGS
May 31, 2018
Commissioners Robert ‘Pits’ DeArmond, Scott Blain, and Bill Bullock, and Administrative Assistant Angela Newell were present.
8:30 Pledge of Allegiance
DES Coord. / GIS Mgr. Tom Kohley regarding flooding costs; the State would like an estimate by tomorrow.
8:50 Gordon Sirrine joined the meeting.
9:00 Weed District Coordinator Brian Ostwald met with Commissioners to discuss his preliminary budget. No significant changes were noted.
9:30 Vince and Theresa Hudak, Sanitarian Josh Juarez, and Planner Forrest Mandeville met with Commissioners regarding an Agricultural Covenant on COS 2210AG. The Agricultural Covenant was placed on the parcel previously for sale that never materialized. They would like to sell a portion of the parcel and would like to vacate the survey that placed the covenants on the property. Forrest noted the parcel was properly created through an exemption from Subdivision Regulations; the parcel would need to go through expedited subdivision approval process. Forrest and Josh recommend bringing the parcel through the sanitary review process before dividing as it would be subject to local sanitary review. Once sanitary approval is secured they could process the boundary line relocation. Josh noted the existing septic system was installed in late 60’s and does not have a permit. As it was installed before 1972, it would be exempt from the engineering requirements, but would need to be permitted for the subdivision process. Josh thought it would be easy to draw up the system layout and drain field.
9:45 Mas Ogiso and Ashley Beal from EverPower met with Forrest and Commissioners regarding the Development Permit amendment for the Mud Springs et. al. Wind Farm. Jeff Boleman land use planner from DRNC was present. Ashley noted the reduction in number of turbines, due to improved turbine technology that allows for larger turbines. The overall footprint of the project has been reduced, but because of changes in tower locations there are some additional land owners within the setbacks of the project. Ashley noted the numerous meetings with US Fish and Wildlife Services regarding eagle migration which favored the lower tower numbers. Commissioners reviewed the Planning staff report. Forrest noted there was one additional public comment from Gabrial Sally American Real Estate noting there was a piece of property for sale by the proposed transmission line. Commissioners reviewed the project map to review the issue related to setbacks from State land. In the original turbine layout 3 turbines did not meet the setback requirements required for the Development Permit; there are now 2 turbines within the setback requirements.

Ashley noted that of parcels affected by the project there are 2 private parcels whose owners are considered non-participating and 12 are BLM or State owned including the DNRC trust land that is within the setbacks of one turbine. Jeff Boleman noted DNRC is not against the project but is concerned about turbines that do not have full setbacks as it may limit what can be done with their adjoining parcel. DNRC would like to limit the height of the turbine to ensure that if it fell it would not impact State land. Mas noted turbine locations have been approved by US fish and wildlife service, and to move a turbine, would have a domino effect on other areas of the project and would have to be reapproved by US Fish and Wildlife Service. Commissioner Bullock asked if it was tolerable for state; Jeff noted DNRC is in favor of project and don’t want to be the ones to hold it up. Jeff also asked about access roads originally proposed on State land; he noted he would be the contact to initiate access agreements. Forrest noted the Planning Board recommended approval of the revised project with conditions as follows:
1. All previous conditions of approval as approved on November 20, 2014 shall remain in effect.
2. Turbines shall be sited as shown on the updated site layout, and in no case shall a setback from property lines in the updated layout be reduced.
3. Any additional significant changes to the Conditional Use Permit or supplemental materials, as determined by the Carbon County Planning Staff or Carbon County Board of County Commissioners, shall require submittal of a new/amended Development Permit Application, 9 Mud Springs Wind Farm Development Permit Staff Report and public notice and review requirements as per the Carbon County Development Permit.
Commissioner Blain moved, having reviewed and considered the application materials, project memorandum, public comment and all the information presented, to conditionally approve the amended conditional use permit with the findings and conditions included in the project memorandum adopted herein; Commissioner DeArmond seconded; motion carried.
Mas noted they expect a determination from the Wyoming Public Service Commission regarding the power purchase agreement later this summer. He will follow-up with their legal staff regarding the status of the limited tax appeal agreement.
10:30 County Attorney Alex Nixon met with Commissioners. They discussed the Hudak’s agricultural covenant and the final Industrial Communications Simulcast Radio System complaint which has yet to be filed. Commissioners noted the gravel crusher has not yet moved to the Bishoff pit, they would like to terminate the agreement. Commissioners would like to contact the second lowest bidder to see if they are available to fulfill the remaining portion of the contract.

11:00 Member of the Neighbors Helping Neighbors non-profit group Casey Moore, Jenny Jacobsen, Lanette Harshman, and Audrey Bonogofsky met with Commissioners regarding gravel at the entrance to Belfry. Their organization is trying to beautify Belfry, and former Commissioner Doug Tucker had offered to supply gravel at the town entrance on the south side of Broadway Ave. Pits noted he discussed the gravel with his road crew. The existing rock is not road base gravel but 3”- 4” colored screened rock which was supplied by the original state contractor. Pits noted the County does not have similar rock in any of County’s gravel pits so it would have to be purchased. Lanette noted she had received a quote of $900 for 2 dump truck loads delivered. She also noted the group has been spraying weeds but wondered if that should be the County’s role; Commissioners will request weed district spray. They have funds in their budget to put down an apron for weed control and have volunteers to perform labor, but don’t have funds for the rock. The group asked what the county’s role was is in other non-incorporated communities; Commissioner Bullock noted they plow and maintain roads, but don’t do things like street sweeping. Commissioners agreed to purchase and haul the rock if the group could gather volunteers to spread it.
John Prinkki joined the meeting to inquire about the Wind Farm; Commissioner Bullock summarized the meeting.
11:25 Commissioner Blain Left meeting to attend the Boyd Seniors meeting.
11:30 Justice of the Peace Kevin Nichols met with Commissioners regarding his preliminary budget. Kevin believes the reduced Highway Patrol staff has been a factor in lower revenues, but he does not expect that trend to continue.
Commissioner DeArmond moved to approve meeting minutes for April 30 and May 3; Commissioner Bullock seconded; motion carried.
12:00 Adjourned

Respectfully submitted: Angela Newell, Administrative Assistant