From the pages of
Sublette Examiner
Volume 5, Number 3 - April 14, 2005
brought to you online by Pinedale Online

Public Notices

SECTION 00020 INVITATION TO BID
Date: April 5, 2005
Sealed bids from qualified contractors will be received by the Town of Pinedale (hereinafter referred to as Owner), at 67 South Lincoln, Pinedale, Wyo., 82941 until 2 p.m., our clock, on May 6, 2005, for the Pinedale Lagoon Facility Improvement.
At said place and time, and promptly thereafter, all bids that have been duly received will be publicly opened and read aloud.
The contract generally provides for the construction of a headworks/office building consisting mainly of a headworks room, a MCC room, a garage room, a mechanical room, a lab and an office room; two lined anaerobic ponds with floating covers, aerators and floating baffles in the aerated pond, an UV disinfection system and a building, yard piping, a septage receiving station, fence and gates, and site work. The headworks includes a mechanical bar screen, a screening washer, a manual bar screen, an influent pump station consisting of three (3) pumps, and two bid alternate items: a grit chamber and a classifier. It also includes architectural work such as doors, masonry, electrical and instrumentation and mechanical work.
All bids must be in accordance with the contract documents on file with the owner. Questions by bidders should be addressed to the engineer for resolution as early as possible. Contract documents can be viewed at the following plan rooms:
- Town of Pinedale, 67 South Lincoln, Pinedale, Wyo., 82941
- Wyoming Construction News, 139 W. 2nd Street, Suite 1A, Casper, Wyo., 82605
- Wyoming Plan Service, 384 West Collins, Casper, Wyo., 82604
- Wyoming Contractor's Association, 1700 West Lincoln Way, Suite 176, Cheyenne, Wyo., 82003
- Cheyenne Planning Service, 3016 Bent Avenue, Cheyenne, Wyo., 82003
- The Plan Room, 2175 South Jasmine Street, Suite 219, Denver, Colo., 80222
- Intermountain Contractor, Inc., 1743 West Alexander Street, Salt Lake City, Utah, 84119
- Daily Journal, 2000 South Colorado Blvd., Suite 2000, Denver, Colo., 80222
- Builder Exchange, 223 South Link Lane, Fort Collins, Colo., 80524
- Stantec, 209 South Meldrum, Fort Collins, Colo., 80521
Copies of the contract documents, complete with construction drawings and specifications, can be obtained from Stantec Consulting Inc., 209 South Meldrum, Fort Collins, Colo., 80521, 970-482-5922, Fax 970-482-6368 upon payment of a non-refundable fee of $125 per set. No partial sets will be issued. Checks should be made out to Stantec. Contract documents will be available on April 8, 2005.
A pre-bid conference and job walk with representatives of prospective bidders will be held at 10 a.m. on April 21, 2005, at the existing Pinedale Wastewater Lagoon Treatment Facility. It is mandatory for all bidders to attend the prebid conference. Questions relative to this bid proposal will be answered at this meeting or contact John McGee of Stantec at 970-482-5922.
Bids will be received as set forth in the bidding documents.
Substantial completion of the work is required as specified in the agreement.
The successful bidder will be required to furnish a performance bond and a payment bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the contract.
No bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening bids.
The Owner reserves the right to reject any and all bids, and to waive any informalities and irregularities therein.
Bid security in the amount of not less than five (5) percent of the total bids must accompany each bid in the form specified in the Instructions to Bidders.
Town of Pinedale, Wyoming (Owner)
Ms. Rose Skinner, Mayor
Published in the Sublette Examiner April 7, 14 and 21, 2005.


STATE OF WYOMING )
) ss.
COUNTY OF SUBLETTE )
IN THE MATTER OF THE ESTATE )
)
OF CARYN A. BING, )
)
Deceased. )
IN THE DISTRICT COURT
NINTH JUDICIAL DISTRICT
PROBATE NO 1934
NOTICE OF APPLICATION FOR DECREE ESTABLISHING
RIGHT AND TITLE TO REAL PROPERTY
TO ALL PERSONS INTERESTED IN SAID ESTATE:
You are hereby notified that on 4/4/05, ROBERT J. BING filed an Application For Decree Establishing Right And Title To Real Property requesting that the Court enter a Decree setting over certain real property from CARYN A. BING to ROBERT J. BING.
In said Application ROBERT J. BING alleges:
1. That the Decedent, CARYN A. BING, died on 2/14/04 in Sublette County, State of Wyoming leaving real property owned in her name in Sublette County, Wyoming; that ROBERT J. BING is the Successor Trustee of the Caryn A. Bing 4/4/89 Revocable Trust.
2. That the Decedent left no surviving spouse.
3. That thirty (30) days have elapsed since the death of the Decedent.
4. That the entire estate of the Decedent, both real and personal, did not exceed One Hundred Fifty Thousand and NO/100 ($150,000.00) Dollars.
5. That no application for appointment of a personal representative for the estate of the Decedent is now pending or has been granted in any jurisdiction.
6. That the Decedent owned certain real property in Sublette County, Wyoming, to-wit:
An undivided 1/3 interest in and to all of the minerals and mineral interests underlying or appurtenant to the real property described as:
Township 30 North, Range 110 West of the 6th P.M., Sublette County, Wyoming;
Section 20: Lot 1, S1/2NE1/4, N1/2SE1/4;
Section 21: Lots 4 and 9, SW1/4NW1/4;
The value of this property is less than One Hundred Fifty Thousand and NO/100 ($150,000.00) Dollars.
7. That ROBERT J. BING, Successor Trustee of the Caryn A. Bing 4/4/89 Revocable Trust is entitled to have said real property set over to him due to the terms of decedent's will.
8. That there are no other distributees or heirs of the Decedent having any right to succeed to said real property under probate proceedings.
Anyone having an objection to said Application should file it with the Clerk of District Court, Sublette County, Wyoming prior to April 22, 2005.
DATED this 4th day of April, 2005.
/s/ Marilyn M. Jensen
CLERK OF DISTRICT COURT
Published in the Sublette Examiner April 7 and 14, 2005.


NOTICE OF MORTGAGE FORCLOSURE
BY ADVERTISEMENT AND SALE
You are hereby notified that Douglas Frederick Sterck executed the following promissory note, which is held by Patricia Baca Sterck on the below-noted dates for the below-noted amounts:
Promissory - Note Date - Original Principal
By Douglas Frederick Sterck - Jan. 27, 2004 - $780,000.00
This note is secured by the following described real property (hereinafter "the Property") in Sublette County Wyoming:
THE WEST TRACT OF LOT TWO (2) IN THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION SIX (6), TOWNSHIP 33 NOTHER, RANGE 109 WEST, OF THE 6TH P.M. SUBLETTE COUNTY WYOMING; CONTAINING 11.01 ACRES MORE OR LESS;
AND
THE EAST TRACT OF LOT TWO (2) IN THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION SIX (6), TOWNSHIP 33 NORTH, RANGE 109 WEST, OF THE 6TH P.M., SUBLETTE COUNTY WYOMING; CONTAINING 27.7 ACRES MORE OR LESS;
AND
THE SOUTHWEST QUARTER (S/W 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION SIX (6), TOWNSHIP 33 NORTH, RANGE 109 WEST, OF THE 6TH P.M., SUBLETTE COUNTY WYOMING; CONTAINING 38.8 ACRES MORE OR LESS.
Two mortgages on the above-described property, one in favor of Patricia Baca Sterck as the first holder and one in favor of Patricia Baca Sterck as the second holder to First National Bank of Pinedale as the first holder, were filed in the Sublette County Clerk's office as follows:
Mortgage 303327 Feb. 4, 2004, in Book 109 Mtg. Page 248
Mortgage 303328 Feb. 4, 2004, in Book 109 Mtg. Page 253
This note is now due and payable in full. Patricia Baca Sterck as holder of the note and as first and second holder of the respective mortgages has elected to declare the entire balances due and payable and to exercise her power to foreclose the mortgages by advertisement and sale as provided in the mortgages and under applicable law.
Therefore, take notice that, pursuant to the above-referenced mortgages and the laws of the State of Wyoming, the mortgages will be foreclosed and the property will be sold at public auction by the Sublette County Sheriff on Friday, May 6, 2005, at the hour of 10 a.m. at the flagpole at the Sublette County Courthouse 21 S. Tyler, Pinedale, Wyo., 82941. Sale is subject to the existing mortgages held by Patricia Baca Sterck and First National Bank of Pinedale, P.O. Box 519, Pinedale, Wyo., 82941. All bids will be considered and Patricia Baca Sterck is entitled to attend the foreclosure sale and to bid on the property.
The proceeds of the foreclosure sale will be applied to the following:
Present principal balance of April 11, 2005 $580,000.00
Interest through April 11, 2005 $ 16,207.80
Total as of April 11, 2005 $596,207.80
Interest continues to accrue at a rate of $158.90 per day.
Attorneys' fees and expenses$ 1,560.00
Publication Fees: $ 480.00
Plus any additional foreclosure costs and expenses.
DATED: April 11, 2005 PATRICIA BACA STERCK
By Elizabeth Greenwood, Esq.
Published in the Sublette Examiner April 14, 21, 28 and May 5, 2005.


PUBLIC NOTICE
The Sublette County Planning & Zoning Commission will meet on Thursday, May 19, 2005, at 7 p.m. in the Sublette County Courthouse, Pinedale, Wyoming. At this time, a public hearing will be held to consider the following applications:
AGENDA
1. Preliminary and final plat approval for Big County Ranches Third Minor Subdivision of Lot 10/Reints to subdivide 20.04 acres, more or less, zoned R-R MH 10 into two (2) residential lots, with an average density of 10.02 acres per lot. The property is located in the NE1/4 of Section 32, T33N, R108W. Being identical with Lot 10 within Big County Ranches Third Filing off of Antelope Lane.
2. Preliminary and final plat approval for Aitken Homestead Minor Subdivision/Noble to create one 20.42 acre lot, more or less, zoned R-R 20. The property is located in the NW1/4SE1/4 of Section 29, T34N, R110W approximately 1 1/2 miles west of the intersection of State Hwy 352 and U.S. Hwy 191, on the north side of U.S. Hwy 191.
3. Zone change request by John and Virginia Doyle to rezone 10 acres, more or less, from A-1 (Agricultural) to R-R 10 (Rural Residential Ten Acre Minimum). The property is located on the south side of Fayette Pole Creek County Road 23-121 approximately .5 miles east of intersection US 191 and 23-121. The purpose of the zone change is to create a lot and grant the property to an immediate family member for her home site use.
4. Zone change request by Jeff Stinson to rezone 1 acre, more or less, from CH-1 (Commercial Highway) to RM (Rural Mixed). The property is Lot 3, Blk 1, Daniel Meadows Commercial Lots. The property is located along Hwy 189 in Daniel. The purpose of the zone change is to construct a commercial greenhouse in conjunction with a single-family residence.
5. Zone change request by Alan and Robyn Blackburn to rezone 70.06 acres, more or less, from A-1 (Agricultural) to R-R 10 (Rural Residential Ten Acre Minimum) and C-1 (General Commercial). The property is located .3 mile southeasterly from the Pinedale Airport entrance. The purpose of the zone change is to create a six-lot subdivision consisting of one 5.95 lot zoned C-1 for a car rental business and five 10+ acre residential lots.
/s/ Peggy Bell, Chairman
Published in the Sublette Examiner April 14, 2005.


STATE OF WYOMING )
COUNTY OF SUBLETTE ) ss.
TOWN OF PINEDALE )
The Town Council of the Town of Pinedale met in regular session, Monday, March 14, 2005, at 6:30 p.m. in the town hall. Those present: Barbara Boyce, Nylla Kunard and Gary Heuck. Not present: Rose Skinner and Miriam Carlson. Also present: Mark Eatinger, representing Rio Verde Engineering; Bardy Bardin and Hayes Randol, representing the Sublette County Sheriff's Office; Julie Early, animal control officer; Bonnie Chambers, representing the Pinedale Planning and Zoning Board; Mike Roberson; Susan Kramer, representing Rendezvous Point; Ward Wise, mayor's assistant; Dawn Ballou, representing Pinedale Online; Robert Johnson, representing JFC Engineering; Julie Morrell; Jenny Girten; Jeanne Esterholt; Noah Brenner, representing the Pinedale Roundup; and Rhonda Swain, representing the Sublette Examiner.
The meeting was brought to order. Motion by Heuck to approve the minutes of the Feb. 14 and Feb. 28 meetings as written. Motion seconded. Motion carried unanimously.
Julie Early, animal control officer, reported the monthly activities of the animal control department.
Ron Brown and Randy Hubbard, representing the public works department, reported the monthly activities of the public works department. Motion by Kunard to approve the letter of official notification to Ms. Georgio that her services will no longer be needed as of March 21. Hubbard presented the proposed amendments to the Personnel Policy Handbook: Policy No.702, Drug and Alcohol Use; Policy No.708, Drug Testing; and Policy No. 709, Drug and Alcohol Policy for Town Employees Who are Required to have a Commercial Drivers License. After discussion, motion by Hueck to approve the amendments to the Personnel Policy No. 702, No. 708 and No. 709. Motion seconded. Motion carried unanimously. Motion by Kunard to adopt Policy No. 702, Policy No. 708 and Policy No. 709 for the town's Comprehensive Health and Safety Program for Wyoming Workers' Compensation's Safety Discount Program. Motion seconded. Motion carried unanimously.
Bardy Bardin and Hayes Randol, representing the Sublette County Sheriff's Office, reported the monthly activities of the sheriff's department.
Ward Wise, mayor's assistant, reported his monthly activities.
Public hearing for the renewal of retail, microbrewery, limited and restaurant liquor licenses was opened for discussion. No comments were received. Motion by Hueck to accept renewals of the liquor licenses as presented: Stockman's Bar and Lounge, Cowboy Bar, Outfitters Liquors and Corral Bar, retail liquor licenses: Patio Grill, Wrangler Café, Bottoms Up Brewery and Grill, Los Cabos Mexican Restaurant, Café on Pine, 13th Strike Café and Stage Stop, LLC, restaurant liquor licenses; VFW Post No. 4801, limited retail liquor license; and Bottoms Up Brewery and Grill, microbrewery license. Motion seconded. Motion carried unanimously.
Bonnie Chambers, representing the Pinedale Planning and Zoning Board, presented the preliminary plat of the Granite Peaks Estates Second Filing Subdivision, a subdivision which lies within one mile of the town's limits. Chambers reported the board had recommended the approval of the preliminary plat and recommended having the road easement extend for future development of Wyoming Peak Lane. After discussion, motion by Kunard to accept the preliminary plat of the Granite Peaks Estates Second Filing Subdivision with the addition of a road easement to the west side and south side of Lot 26. Motion seconded. Motion carried unanimously.
Chambers, representing the Pinedale Planning and Zoning Board, presented Rendezvous Point's request for a garage for accessory use on Block 3, Taylor Addition. Chambers reported the board approved the building permit with clarification from Ed Wood on Flintlock Lane. Sue Kramer, representing Rendezvous Point, stated the location of the garage was not set. After discussion, motion by Heuck to table the request until they receive more information about the location. Motion seconded. Motion carried unanimously.
Chambers, representing the Pinedale Planning and Zoning Board, presented Mike Roberson's, 408 North Tyler Avenue, request for the conversion of a garage into a multiplex. Chambers reported the board recommended the plan for the conversion to multiplex. After discussion, motion by Heuck to approve Mike Roberson's request for a conversion from a garage to a multi-family dwelling at 408 North Tyler Avenue with his knowledge that there must be a one-hour firewall constructed between the buildings. Motion seconded. Motion carried unanimously.
Chambers, representing the Pinedale Planning and Zoning Board, presented Julie Morrell's, Lots 1-5, Block 3, Triangle Addition, request for the changing use of Willow's Whisper condominium development units seven and three to commercial use. Chambers reported the board recommended the change of use from condominium to commercial. Motion by Heuck to approve Julie Morrell's Willow Whisper condominium development change of use of units seven and three to commercial use. Motion seconded. Motion carried unanimously.
Chambers, representing the Pinedale Planning and Zoning Board, discussed the results of the planning and zoning survey. Chambers presented a Pinedale Planning and Zoning checklist for all commercial zone, multi-family and mixed-uses developments for information required for review. After discussion, motion by Heuck to table the Pinedale Planning and Zoning checklist until Mayor Skinner and Carlson are present. Motion seconded. Motion carried unanimously.
Ed Wood, town attorney, and Bob Johnson, representing JFC Engineering, presented change orders requested by KM Construction for the new town shop. Wood presented Change Order No. 20, requesting $18,593 to replace floor tubing insulation and reinforcement in the shop floor that was displace by windstorm, Bob Johnson, recommended approval; Change Order No. 21, requesting $7,415 and 31 days time extension relative to Pirtz Construction modifying the roof of the old town shop, Johnson recommended rejecting; Change Order No. 22, requesting an addition 58 calendar days time extension, Johnson recommended approval; Change Order No. 24, a request for an allowance for heating and tenting to pour the floor during cold winter condition due to delay in the project, Johnson recommended rejecting; Change Order No. 25, requesting an addition $473, this proposal involves the increased costs for specialty items that were incurred by KM Construction, Inc. due to the long period of time that has elapsed in getting the project back under construction, Johnson recommended approval; Change Order No. 27, involves increased cots that have occurred to overhead doors and labor, Johnson recommended approving. After lengthy discussion motion by Kunard to table this issue until there is a full council. Motion seconded. Motion carried unanimously.
Dr. Charles Grove, representing the Sublette County School District No. 1, discussed the new aquatics center being planned that will replace the existing swimming pool. Grove discussed forming a joint-powers board with the school district, town and county to assist in the governance of the new aquatics center. Grove added the district is not asking for any funds from either the county or the town. The council was agreeable in pursuing the joint-powers board.
Jeanne Esterholt, representing 320 North Fremont Avenue, asked permission to continue keeping two miniature horses in their backyard. After discussion, motion by Kunard to allow this if Esterholt gets permission from neighbors and if there are no complaints, for an additional three weeks. Motion seconded. Motion carried unanimously.
Mark Eatinger, representing 2004 Sewer and Water Rehabilitation Project, Phase III, gave an update on the project. Motion by Kunard to approve Mayor Pro-Temp Boyce signing a letter to Brad Miskimins of the State Land and Investment Board regarding the 2004 Sewer and Water Rehabilitation Project be included in the Natural Resource Impact Assistance Grant request category. Motion seconded. Motion carried unanimously. After discussion, motion Hueck to approve application to the State Land and Investment Board for the next phase of water and sewer rehabilitation Fremont Avenue Water and Sewer Line Rehabilitation. Motion seconded. Motion carried unanimously.
Randy Hubbard, representing the public works department, gave an update on the Sewer Lagoon Rehabilitation Project. Motion by Hueck to accept the scope of services between the Town of Pinedale and Stantec Consulting Inc. and have Mayor Pro-Temp Boyce sign the agreement. Motion seconded. Motion carried unanimously. Motion by Kunard to put out the invitation to bid on the Sewer Lagoon Rehabilitation Project. Motion seconded. Motion carried unanimously.
Motion by Heuck to approve Resolution 2005-18, a resolution authorizing the execution and delivery of a memorandum of agreement with John D. Richter and Sammie J. Richter for the purchase of a tract of land located in the NW1/4NE1/4 of Section 25, T.33N., R.109W. Of the 6th P.M., Sublette County Wyoming. Motion seconded. Motion carried unanimously.
Motion by Heuck to approve Ordinance 368, an ordinance annexing adjacent and contiguous land (Wrangler Annexation) to the Town of Pinedale, Wyo., and establishing zoning therefore, on the third reading. Motion seconded. Motion carried unanimously.
Motion by Kunard to approve Ordinance 369, an ordinance of the Town of Pinedale, Wyo., amending sections 13.04. 035 of the Pinedale Municipal Code by amending the quarterly rate for sewer services, on the second reading. Motion seconded. Motion carried unanimously.
Motion by Heuck to approve Ordinance 370, an ordinance of the Town of Pinedale, Wyo., amending sections 13.04.010 and 13.04.020 of the Pinedale Municipal Code by establishing the water and sewer line connection fee by ordinance rather than by resolution, on the second reading. Motion seconded. Motion carried unanimously.
Motion by Kunard to approve Ordinance 371, an ordinance of the Town of Pinedale, Wyo., amending section 6.04.090 of the Pinedale Municipal Code relating to the amounts to be charged as impound fees, on the seconded reading. Motion seconded. Motion carried unanimously.
Motion by Kunard to sign a letter of support for the Pinedale Pathways Committee's efforts to secure funding for construction of a paved pathway to the CCC Pond to Fremont Lake Road extension. Motion seconded. Motion carried unanimously.
Patty Racich, town clerk, presented the bids for the cleaning of the American Legion Cooley Memorial Park restroom and the town hall. After discussion, motion by Kunard to accept the bid from Phylis Stevens to clean the town hall in the amount of $250 a month and the American Legion Cooley Memorial Park restroom in the amount of $600 a month. Motion seconded. Motion carried unanimously.
Motion by Heuck to change the second March meeting from March 28 to March 17. Motion seconded. Motion carried unanimously.
The following bills were presented for payment:
A to Z Hardware 141.01; American Linen 60.00; ATCO 484.00; Backflow Prevention Supply 88.54; Big J's Auto Parts 1,377.14; C.H. Spencer & Company 2,213.96; CC Distributing Inc. 652.24; Centerfire 66 60.49; CNA Surety/Western Surety Co 125.00; Conoco Inc. 69.74; Country Lane Groceries and Gas 63.41; D.A. Screening 150.00; Davis and Cannon 1,589.31; Dew Lumber Company 39.68; Faler's General Store 869.15; Frontier Electric 65.00; Magda Georgio 1,690.00; Macy's Truck Repair 249.91; Mortenson, Stevens & Company 281.25; Munro Supply Inc. 2,153.59; Office Outlet 388.70; Pacific Power 4,987.37; Petty Cash/Patty Racich 20.45; Pinedale Auto Supply 460.93; Pinedale Natural Gas 1,306.49; Plainsman 174.87; Randall's Repair 22.00; Rio Verde Engineering 2,279.37; Rocky Mountain Propane 290.00; Rocky Mountain Wash 12.60; Scott Machinery Company 133.75; Mary Sour 80.00; Stantec Consulting Inc. 22,822.30; Strobes N' More 633.87; Sweetwater County Health Service 520.0; The Tire Den 400.00; U.S.Post Office 36.00; Unita Communications 69.25; Wind River Web Services 25.00; Ralph Wood, Attorney 3,943.75; Wyoming Heritage Foundation 50.00; Zee Medical Service 24.95.
The following salaries are listed in gross monthly salaries and do not include any benefits or overtime: Ron Brown, Public Works Director, 3,647.88; Ron Hanson, Public Works Supervisor; Randy Hubbard, Public Works; Jeffrey Maxam, Public Works; Ward Wise, Mayor's Assistant; Patty Racich, Clerk/Treasurer, 3,647.88; Betty Hunt, Office Personnel; Julie Early, Animal Control Officer, 2,039.80; Ruth Neely, Municipal Judge, 973.00; Rose Skinner, Mayor, 1,000.00; Barbara Boyce, Council Person, 200.00; Nylla Kunard, Council Person, 200.00; Miriam Carlson, Council Person, 200.00; Gary Heuck, Council Person, 200.00.
Motion by Heuck to pay the bills as presented. Motion seconded. Motion carried unanimously.
Motion by Kunard to adjourn. Motion seconded. Motion carried unanimously
Meeting adjourned at 8:30 p.m.
ATTEST:
Barbara Boyce
MAYOR PRO-TEMP
Patty Racich
TOWN CLERK
Published in the Sublette Examiner April 14, 2005.


STATE OF WYOMING )
COUNTY OF SUBLETTE ) ss.
TOWN OF PINEDALE )
The Town Council of the Town of Pinedale met in regular session, Thursday, March 17, 2005, at 5 p.m. in the town hall. Those present: Barbara Boyce, Nylla Kunard and Gary Heuck. Not present: Rose Skinner and Miriam Carlson. Also present: Ron Brown, public works director; Ward Wise, mayor's assistant; Rhonda Swain, representing the Sublette Examiner.
The meeting was brought to order.
Motion by Heuck to advertise for the mayor's assistant position and a driver to take the water and sewer samples to Green River and Rock Springs. Motion seconded. Motion carried unanimously.
After discussion motion by Heuck to have Ed Wood, town attorney, request Kasey Mateosky of KM Construction to attend the April 11 council meeting. Motion seconded. Motion carried unanimously.
Motion by Heuck to approve Ordinance 369, an ordinance of the Town of Pinedale, Wyo., amending section 13.04.035 of the Pinedale Municipal Code by amending the quarterly rate for sewer services, on the third reading. Motion seconded. Motion carried unanimously.
Motion by Kunard to approve Ordinance 370, an ordinance of the Town of Pinedale, Wyo.,amending sections 13.04.010 and 13.04.020 of the Pinedale Municipal Code by establishing the water and sewer line connection fee by ordinance rather than by resolution, on the third reading. Motion seconded. Motion carried unanimously.
Motion by Heuck to approve Ordinance 371, an ordinance of the Town of Pinedale, Wyo., amending section 6.04.090 of the Pinedale Municipal Code relating the amounts to be charged as impound fees, on the third reading. Motion seconded. Motion carried unanimously.
Motion by Heuck to adjourn. Motion seconded. Motion carried unanimously.
Meeting adjourned at 5:10 p.m.
ATTEST:
Barbara Boyce
MAYOR PRO-TEMP
Patty Racich
TOWN CLERK
Published in the Sublette Examiner April 14, 2005.


NOTICE TO LANDOWNERS ADJACENT TO PINE CREEK NO.1
ENLARGEMENT OF THE LEE DITCH
Dear Landowners:
The Pine Creek No. 1 Enlargement of the Lee Ditch, which runs through or adjacent to your property, is owned by, and appurtenant to the land that it irrigates. The ownership of the ditch also includes the ownership of an easement to go onto the property immediately adjacent to the ditch for the purposes of cleaning and maintenance including depositing debris removed from the ditch. Unfortunately, many landowners, particularly new ones, do not understand that ditch rights extend beyond the banks of the ditch itself, and because of that, through ignorance, construct improvements that encroach upon the easement area.
Generally speaking this easement area extends for approximately fifty feet on each side of the bank of the ditch. Additionally, where the ditch is above or on a slope, excavation below the ditch which will endanger its integrity is not permissible even though more than fifty feet from the bank.
Sometimes in the past, because of the scarcity of property owners involved, the ditch owners have permitted encroachments by way of real estate improvements or otherwise. Unfortunately, that can no longer be tolerated. If a landowner erects an improvement within the easement area that interferes with ditch access and cleaning, the ditch owners will have to take legal action to force removal of that improvement. Needless to say, that causes the landowner the loss of use of his improvement and imposes the additional expense of removal, not to mention any legal fees that may be involved in the process. The ditch owners prefer to be good neighbors and to simply notify people to the extent possible about the potential for a problem before it develops. Please plan your development to avoid encroachment, and we in turn will make our cleaning and maintenance operation as unobtrusive as possible.
At this time of year, many landowners adjacent of the ditch find it convenient to use water from the ditch by various means (pumps, siphons, ditches and various pipes). Use of such conveyances is unlawful and the Pine Creek Ditch Association members ask you to voluntarily remove any such equipment from the ditch as soon as possible.
Thank you for your cooperation. We invite you to contact us if you have any questions.
The Pine Creek Ditch Association members
President - Paul C. Hagenstein
Post Office Box E
Pinedale, Wyo., 82941
Published in the Sublette Examiner April 14, 2005.


OFFICIAL COUNTY COMMISSIONERS PROCEEDINGS
APRIL 5, 2005
The Board of County Commissioners met in regular session in the commissioners meeting room of the Sublette County Courthouse in Pinedale, Wyo., on this date at 9 a.m. with Betty Fear, Bill Cramer, John Linn, Bill Boender of the Sublette Examiner, Anna Gustafson and Noah Brennan of the Pinedale Roundup, and Mary Lankford, county clerk, present.
Chairman Fear led those present in the Pledge of Allegiance.
The minutes of the preceding regular meeting of March 15, 2005, and workshop of March 16, 2005, were approved and ordered filed on motion by Commissioner Cramer and seconded by Commissioner Linn. The motion carried.
The official bond for Annie Espenscheid, treasurer for the Ag Center Committee, in the amount of $35,000 was approved and ordered filed with the county treasurer.
Sealed bids were opened for the sale of a 772CH John Deere Motorgrader. Four bids were received. It was moved by Commissioner Linn and seconded by Commissioner Cramer to award the bid to Bob Tanner for the amount of $112,510.00. The motion carried.
Bonnie Chambers, representing Chambers Design-Build, discussed civil engineering proposals for the county shop project. Two proposals had been received. After discussion, it was moved by Commissioner Cramer and seconded by Commissioner Linn to accept the proposal from Nelson Engineering in the amount of $49,560. The motion carried. Chambers reported that mechanical and electrical proposals are still needed.
Brad Waters, representing Providence Architecture, reviewed the "wish list" items for Rendezvous Pointe.
Larry Deats, representing Wyoming Machinery, presented a program on the Caterpillar buyback program and life cycle costing.
The board reconvened the hearing in the Wagstaff v. Grindstone Cattle Company road issue. Hearing officer Gerald Mason assumed the chair. Elizabeth Greenwood and Maggie Miller, representing Grindstone Cattle Company were present. Mason reviewed the items and received responses to the items to be included in the findings of fact. The board agreed to the damages of $12,000. The board directed County Attorney Van Graham to use the Grindstone Cattle Company proposed findings of fact and conclusions of law and requested that the draft order be presented to the board at its April 19 meeting.
Deliberations were closed.
Frank James, Sublette County Fairgrounds Manager, reported on development of a site plan of the fairgrounds due to drainage problems. Repairs were discussed and approved.
County Attorney Graham reviewed a proposed lease with The Discovery Center with the board, which will be forwarded to The Discovery Center for review.
It was moved by Commissioner Linn and seconded by Commissioner Cramer to recess the meeting into executive session to discuss personnel. The motion carried.
It was moved by Commissioner Linn and seconded by Commissioner Cramer to reconvene the meeting.
It was moved by Commissioner Cramer and seconded by Commissioner Linn to deny a claim by Christie Krause to be reinstated in her position at the Marbleton landfill. The motion carried.
Peggy Bell and Judi Adler, representing the Sublette County Planning and Zoning Commission, discussed the progress on hiring a new planner. The board directed the county clerk to re-start the position advertisement.
The board discussed a letter from John Godfrey, representing the Sublette County Joint Tourism Board, concerning the hiring of a new chamber director and the tourism board's relationship with the Sublette County Chamber of Commerce. It was moved by Commissioner Cramer and seconded by Commissioner Linn to send a letter to the joint tourism board expressing the commissioners support for a continued relationship between the tourism board and the chamber of commerce.
Laura Schmid-Pizzato, recovery services manager, for Southwest Counseling Service, discussed her program's drug and alcohol treatment services and the cost of providing services to Sublette County residents. Last year, providing services to Sublette County residents cost $11,000. The board encouraged Schmid-Pizzato to present a funding request during the budget process.
Mark Eatinger, representing Rio Verde Engineering, presented a property master plan and discussed developing Flintlock Street. Members of the Rendezvous Pointe Board were present to discuss the location of the bus barn and expansion of the barn to house vehicles for Sublette Center. The proposed barn would house seven vehicles and funding is available for 80 percent of the project from the Wyoming Department of Transportation. The board approved the plan and requested an estimate for Flintlock with a sidewalk.
In accordance with the public notice published in the Sublette Examiner, public hearing was held for the transfer of funds in the amount of $1,542,313.48 from the following accounts: Unanticipated Revenue, $503,863.48; Depreciation Reserve-Building Projects & Maintenance, $700,000; County Commissioner-New Vehicle Reserve, $3,000; Assessor-New Vehicle Reserve, $4,700; Planning & Zoning-New Vehicle Reserve, $1,250; Law Enforcement-New Vehicle Reserve, $125,000; Road & Bridge-Heavy Equipment Reserve, $200,000; Health Officer & Sanitarian-New Vehicle Reserve, $2,250; and Civil Defense-New Vehicle Reserve, $2,250 to the following accounts: County Commissioner-New Vehicle Purchase, $20,000; County Commissioners-Consultants, $859.38; County Assessor-Rural Addressing, $7,000; County Attorney-Educational Training, $2,100; GIS-Equipment, $800; Courthouse & Maintenance-Equipment, $1,702.11; Elections-Equipment Maintenance, $2,339; Planning & Zoning-Training, $75; Detention-Training, $1,945.30; Law Enforcement-Equipment Repair, $791.23; Law Enforcement-Patrol Equipment, $300.18; Law Enforcement-Office Supplies, $16.16; Law Enforcement, $50; County Health-Vaccine, $11,843.60; County Health-Health Fair, $7,246; Sanitary Landfill-Heavy Equipment, $243,647; Sanitary Landfill-Engineering Fees, $125,000; General Fund-County Officers Expense, $50; General Fund-Chamber of Commerce, $13,200; General Fund-Senior Citizens-Pinedale, $13,000; General Fund-SAFV, $23,475.52; General Fund-Scholarship, $373; General Fund-Soil Conservation, $28,050; General Fund-Senior Citizens Facilities, $700,000; and Equipment Reserve, $338,450. It was moved by Commissioner Cramer and seconded by Commissioner Linn to adopt Resolution No. 05-838F authorizing the transfer of funds. The motion carried.
Susan Kramer, representing Sublette Citizens for Recycling, reported on recycling.
Sheriff Hank Ruland and Undersheriff Henry Schmidt discussed metro budgets, housing a DCI agent at the Marbleton Sheriff's Office, and drug court.
It was moved by Commissioner Cramer and seconded by Commissioner Linn to recess the meeting for a conference call in executive session with John McKinley of Davis and Cannon to discuss ongoing litigation. The motion carried.
It was moved by Commissioner Cramer and seconded by Commissioner Linn to reconvene the meeting.
Bill Schertz presented a plan for the location of a new Pinedale ambulance barn.
Mary Lynn Worl, representing the Rural Health Care District Board, introduced Randy Johnson, who will serve as a director for the district. Johnson reported that he is starting an extensive public relations program to discuss south county issues and construction projects over the next five weeks. Worl inquired about use of the old senior center for EMT housing. The board took no action on the inquiry.
It was moved by Commissioner Cramer and seconded by Commissioner Linn to designate Bank of the West, Big Piney, as a depository of public funds. The motion carried.
It was moved by Commissioner Linn and seconded by Commissioner Cramer to approve and sign leases with the boards of directors of Rendezvous Pointe and the Southwest Sublette Pioneers for their facilities. The motion carried.
The board authorized the chairman to sign four homeland security grants.
The following petition and affidavit of abatement of taxes was presented on petition from the county assessor and the State of Wyoming Board of Equalization: EOG Resources, $3,873.60.
Accounts payable audited and approved for payment: SUBLETTE COUNTY PAYROLL ACCT 1,117.47 /AMERICAN FAMILY LIFE ASSURANCE 2,799.72 /BENEFICIAL LIFE INSURANCE CO. 328.50 /COLONIAL LIFE & ACCIDENT 19.24 /FAMILY SUPPORT REGISTRY 621.00 /HSA BANK 23,356.75 /KERN COUNTY, DEPT OF CHILD 650.00 /MICHAEL D. MOYER 400.00 /056-NCPERS GROUP LIFE INS. 249.00 /ORCHARD TRUST COMPANY 5,575.00 /SUBLETTE COUNTY PAYROLL ACCT 134,011.05 /UNITED STATES LIFE INS. CO. 75.14 /VALIC 1,028.82 /WYOMING EMPLOYEES FCU 2,000.00 / WYOMING RETIREMENT SYSTEM 54,283.05 /U.S. POSTMASTER 1,773.38 /ARNOLD MACHINERY COMPANY 27.02 /ALLIED MEDICAL PRODUCTS 325.28 /A TO Z HARDWARE 144.45 /BARNES DISTRIBUTION 192.18 /MARYLISA BAXLEY 25.56 /B-N-C TRASH SERVICE INC. 405.00 /KARI BOUSMAN 317.00 /SUSIE BLAHA 169.84 /JUDITH M. BOYLE 1,008.00 /BIG PINEY LUBE & DETAIL 106.80 /CALIFORNIA PROFESSIONAL 2,064.73 /GARY CAPRON 48.84 /CDW GOVERNMENT, INC. 133.05 /CENTURYTEL 3,943.70 /CENTURYTEL 113.31 /CENTURYTEL OF WYOMING, INC. 1,170.70 /CHAMBERS DESIGN-BUILD INC. 5,000.00 /CHEMSEARCH 154.25 /SUBLETTE COUNTY CHAMBER OF 6,600.00 /COMMUNICATION CONCEPTS 69.85 /CONVERSE COUNTY SHERIFF'S 240.00 /D & M WIRE ROPE, INC. 136.57 / DAVIS & CANNON 78.36 /DELL MARKETING LP 78.80 /DEW LUMBER CO. 10.07 /DAVID K. KLAREN 4,309.00 /E & L MOTORS, INC. 19,150.00 /EAGLE OF CODY 883.00 /EIDEN'S CONSTRUCTION LLC 7,495.00 /FEW INVESTMENTS, LLC 1,613.04 /THE FIRE EXTINGUISHER 420.00 /GASES PLUS 595.12 /NATHEN GORTEMAKER 16.13 /GREAT OUTDOOR SHOP 336.65 /HAMPTON INN 55.00 /HENKE MANUFACTURING CORP. 445.05 /HUTCHINSON OIL 32,516.10 /INTERMOUNTAIN ELECTRIC SERVICE,INC. 18,411.46 /FRANK JAMES 12.29 /JOE'S CONCRETE & LUMBER 577.60 /KINKO'S 618.26 /L&P FINANCIAL SERVICES 21,436.50 / LINCARE 370.00 /LINCOLN COUNTY 20,000.00 /JOHN LINN 795.41 /LYLE SIGNS INC 658.63 /MAKING PLACES, INC. 15,897.90 /STELLA MCKINSTRY 510.05 /MIDWAY MALL 387.91 /MILLER CONSTRUCTION 15,000.00 /FRANK MORRISON 50.00 / MORTENSEN,STEVENS & CO. 318.00 /MOUNTAIN MAPPING & SUPPLY 266.00 /NASAR 165.00 /STEPHANIE NATION 1,048.43 /NEW FRONTIER HOTEL & STORE 194.92 /NORTHERN SAFETY CO. INC. 454.61 / OFFICE OUTLET 186.90 /OUR FAMILIES OUR FUTURE 2,216.84 /PACIFIC POWER & LIGHT CO. 1,328.97 /PACIFIC STEEL & RECYCLING 1,249.72 /PERFORMANCE TECH, LLC 30.00 /ERIC PETERSON 1,969.39 /PINEDALE AUTO SUPPLY 2,231.72 /HELEN HEGARDT 200.00 /PINEDALE NATURAL GAS CO. 6,584.42 /PINEDALE PROPERTIES 215.00 /PINEDALE TRUE VALUE 129.97 /PROVIDENCE ARCHITECTURE INC. 13,790.71 /PYROTECHS, INC. 10,000.00 /QUESTAR GAS 138.73 /QUILL CORPORATION 550.94 /LISA RANDOL 177.93 /RENDEZVOUS POINTE 13,000.00 /ROCKY MOUNTAIN PROPANE 1,001.37 /JENESS SAXTON 254.84 /HENRY SCHMIDT 60.06 /JAMES SCHMIDT 209.09 /SCOTT MACHINERY COMPANY 203.49 /SUBLETTE COUNTY SCHOOL DIST #9 100.00 /HARRY SEATON 919.79 /SILVER LEGACY RESORT & CASINO 103.01 / SMITH-DETROIT DEISEL ALLISON 43.94 /SOUTHWEST SUBLETTE COUNTY 4,837.87 /BRANDON SPARKS 41.28 /SPILLMAN TECHNOLOGIES, INC. 613.83 /SUBLETTE COMMUNICATIONS, INC. 1,172.59 /SUBLETTE EXAMINER 614.50 /SUBLETTE ELECTRIC 639.00 /SURVEYOR SCHERBEL, LTD. 4,403.33 /TEE'S PLUS 788.16 /TOBY TERRELL 87.00 /TROY MOTORSPORTS & TOWING 60.00 /TUSA OFFICE SOLUTIONS INC. 7,000.00 /UINTA COUNTY CONSERVATION 899.27 /ULTRAMAX 1,301.00 /UNION TELEPHONE 861.20 /UW EXTENSION 127.00 /VIKING OFFICE PRODUCTS, INC. 93.53 /VISSIONARY OMMUNICATIONS INC 75.00 /WAXIE SANITARY SUPPLY 64.63 /WCTA 100.00 /WYOMING COMPUTER TECHNOLOGY DIV 78.85 /WESTECH FUEL EQUIPMENT 517.15 /WEST PAYMENT CENTER 2,767.00 /SKYLAR WILSON 504.00 /WINDRIVER PIZZA 170.00 /RICHARD WRIGHT 111.36 /WIND RIVER RENTALS 48.00 /WYOMING MACHINERY COMPANY 8,203.12 /WYOMING MACHINERY COMPANY 5,628.59 /WYOMING.COM 233.00 /WYOMING LIVESTOCK ROUNDUP 35.00 /WYOMING STATE BAR 95.00 /DEPARTMENT OF EMPLOYMENT 10,019.14 /XEROX CORPORATION 1,644.67 /XEROX CORPORATION 157.88 /XEROX CORPORATION 105.81
There being no further business, the meeting was adjourned at 6 p.m.
BOARD OF COUNTY COMMISSIONERS
SUBLETTE COUNTY, WYOMING
/s/ Betty Fear, Chairman
Attest:
/s/ Mary L. Lankford, County Clerk
Published in the Sublette Examiner April 14, 2005.

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