Partly Cloudy, 71° F
Park County Board of County Commissioners
Regular Meeting
Tuesday, June 6, 2024
Chairwoman Dossie Overfield called to order a regular meeting of the Board of County Commissioners of Park County, Wyoming, on Tuesday, June 6, 2024. Present were Vice Chairman, Scott Steward, Commissioners Lee Livingston, Scott Mangold, Lloyd Thiel and Clerk Colleen Renner.
Commissioner Livingston led the audience in the pledge of allegiance.
Consent Items:
Approve-Minutes, Payroll and Vouchers
Commissioner Mangold made a motion to approve the following consent agenda items: minutes of 5/21/24 & 5/29/24; Payroll with insurance in the amount of $692,627.59; vouchers; approve and allow Chair to Sign Catering Permit for Buffalo Bill Irma and a Malt Beverage Permit for Jake Clark Mule Days; and an added item of a letter regarding sage grouse comments. Commissioner Steward seconded and the motion carried.
Jenny Cramer, Planning and Zoning – RE: Gunnar MS-77 Final Plat Review
Ms. Cramer presented the final plat for Kenneth & Kristin Heinrich requesting approval of a subdivision with one 17.94-acre lot and a 52.62-acre exempt remainder parcel. The property is in GR-P zoning and located 3.25 miles southeast of Powell. Neighboring land is Bureau of Reclamation, agricultural and some residential. Notices and agency referrals have been met; no public comments were received. Staff recommends approval of final plat as well as the Subdivision Improvements Agreement with the five conditions read into the record. Ms. Hill reported that statements from adjacent landowners regarding fencing will be recorded with the final plat.
Commissioner Livingston moved to approve Gunnar MS-77 with conditions, Commissioner Steward seconded, motion carried. RESOLUTION 2024-28
Jenny Cramer, Planning and Zoning – RE: Hogg Road SS-318 Final Plat Review
Ms. Cramer presented the final plat for Dustin Taylor requesting approval to create one 3.19-acre lot subdivision for residential and commercial use from an existing 1,578.99-acre parcel. The property is in GR-M zoning and immediately south and east of Meeteetse town limits with frontage off State Hwy 120. Town of Meeteetse will not supply water and sewer to the proposed subdivision until such time the lands are annexed. Notices and agency referrals have been met and no public comments were received. Staff recommends approval with three conditions that were read into the record. One of the conditions is to show the ravine wetland on the final plat.
Commissioner Mangold moved to approve with the wetlands noted on the final plat, Commissioner Thiel seconded. Commissioner Mangold corrected the motion to remove the note as it is already noted on the final plat per staff, motion carried. RESOLUTION 2024-29
Jenny Cramer, Planning and Zoning – RE: Public Hearing: Juarez MS-83 Sketch Plan
Chairwoman Overfield opened the public hearing.
Ms. Cramer presented the sketch plan for review and approval of a five-lot subdivision consisting of one 6.51-acre lot, one 3.52-acre lot, one 14.86-acre lot and one 14.95-acre lot each for residential use. Leaving a 35.69-acre exempt remainder parcel. The property is in GR-P zoning one mile north of Powell. Public notices and agency referral have been met with no public comments received and City of Powell has no concerns. Staff recommends approval with the nine conditions read into the record.
Chairwoman Overfield called for public comments. Travis Swenson, representing the landowner, asked if the Board had any questions.
Commissioner Livingston moved to close the public hearing Commissioner Mangold seconded, motion carried.
Commissioner Steward moved to approve with conditions, Commissioner Thiel seconded with discussion on condition three which states attorney approval which was made clear the attorney can only approve to form, requested staff review how this is stated in the staff recommendations. Motion carried. RESOLUTION 2024-30
Executive Session.
Commissioner Livingston made a motion to enter executive session pursuant to W.S. § 16-4-405 (a)(xii), Commissioner Mangold seconded, motion carried.
Commissioner Steward moved to exit from executive session, Commissioner Livingston seconded, motion carried. No decisions were made in or as a result of the executive session.
Jenny Cramer, Planning and Zoning – RE: Public Hearing: Hoodoo Tower #1 SUP-263
Chairwoman Overfield opened the public hearing.
Ms. Cramer presented a special use permit (SUP) for review and approval to construct a 195-ft self-supported communications tower with lightning rod extending the height to 199-ft located in GR-35 zoning and about 12 miles south of Cody on Hoodoo property. Neighboring areas are federally owned and agricultural rangeland. Legal notices and agency referrals have been met with no public comments. Staff recommends approval with five conditions read into the record.
Chairwoman Overfield called for public comments, there being none, Commissioner Livingston moved to close the public hearing, Commissioner Thiel seconded motion carried.
Commissioner Mangold moved to approve SUP-263 with staff recommendations minus #2 which has already been met, Commissioner Thiel seconded motion carried. RESOLUTION 2024-31
Jenny Cramer, Planning and Zoning – RE: Public Hearing: Hoodoo Tower #2 SUP-265
Chairwoman Overfield opened the public hearing.
Ms. Cramer presented a SUP for review and approval to construct a 195-ft self-supported communications tower located in GR-M zoning and about 5 miles north of Meeteetse on Hoodoo property. Neighboring areas are federal and state-owned lands and agricultural primarily used for rangeland and pasture. Legal notices and agency referrals have been met with no public comments. Staff recommends approval with eight conditions read into the record.
Chairwoman Overfield called for public comments there being none, Commissioner Thiel moved to close the public hearing, Commissioner Livingston seconded, motion carried.
Commissioner Thiel stated the strong language used in conditions 6 and 7 is an overstep. Reworded using should or may as opposed to shall. Further discussions regarding sage grouse and U.S. Fish & Wildlife with regards to raptor nests. Trever Crow, representing Hoss Consulting Inc for Horizon, stated they would not build in that time frame and will follow recommendations regarding wildlife prior to construction.
Commissioner Thiel moved to approve with staff recommendations correcting condition 6, and recommending applicant not do construction between November and April and consult with U.S. Fish regarding the raptor nesting, Commissioner Steward seconded, motion carried. RESOLUTION 2024-32
Commissioners – RE: Public Hearing: Perrine Appeal
Kimberly Perrine is present to appeal the Planning & Zoning decision regarding the violation of an unpermitted small wastewater system stating the septic system on the property has failed.
Ms. Hill stated the system is located with ½ on Perrine/Cooley property and the other ½ is on the Andrade property which was installed before 1995. Staff and the Assessor’s office found effluent on the ground which led to the belief that the system has failed.
Ms. Perrine stated the system has served them since 1974 when the property was all one parcel.
Commissioners discussed multiple issues such as placing a new system on the property, a presumptive easement on the Andrade deed, possibility of pumping the system, running a snake through to the home, staff being in the home and staff by the hole when the toilet was flushed which showed bubbling. The neighboring landowner Andrade will not allow anyone on the property to pump the septic to see if that will fix the problem. Commissioner Thiel stated this could be a civil issue to decide if the easement is legal, and issues have arisen with the irrigation district as Andrade called them stating P&Z needed to know if there was a connection to the irrigation water, Ms. Hill stated she did not make the call for this to happen.
Commissioner Livingston moved to continue the public hearing to 2:15 p.m. June 18, 2024, so questions to the county attorney could be addressed, Commissioner Steward seconded, motion carried.
Hans Odde, Elections Department – RE: Election Polling Place Venue Change-Garland
Mr. Odde stated the Garland Church in the past has been used for a polling place and is now on the market for sale. Looking into other properties in the general location staff reached out to the Powell Golf Course finding primary concerns there were lack of ADA compliance and the presence of a bar. After discussion on the usage and talking with Golf Board Chairman, Pat Day, and Powell city administrator the Clerk recommends that District 6 Precinct 1 be moved to the Powell Fairgrounds for the 2024 election cycle.
Chairwoman Overfield read the proposed resolution into the record. Commissioner Livingston moved to approve the relocation from the Garland Community Church to the Powell Fairgrounds, Commissioner Thiel seconded, motion carried. RESOLUTION 2024-33
Adjourn.
Commissioner Livingston moved to adjourn, Commissioner Thiel seconded, and the motion carried.
Dossie Overfield, Chairwoman
Scott Steward, Vice Chairman
Lee Livingston, Commissioner
Scott Mangold, Commissioner
Lloyd Thiel, Commissioner
Attest: Colleen Renner, County Clerk
Publ., Tues., June 25, 2024
