Commissioners vote to approve Tipi Retreat settlement

At the February 18 Hot Springs County Commissioners board meeting, the commissioners held a discussion about an agreement from Hathaway & Kunz, the attorneys who represent Michael & Michele Stevens and the Tipi Retreat. The document is a Settlement Agreement, Release and Waiver. Chairman Tom Ryan and County Attorney Jill Logan previously recused themselves from this matter. Chairman Ryan also suggested that the other commissioners, Paul Galovich and Bob Aguiar, seek legal counsel to review the document. However, both Galovich and Aguiar stated that they understood the agreement and the two commissioners voted and passed the approval for Vice Chair Aguiar to sign it. Chairman Tom Ryan abstained from the vote.

The document states, “The Parties now desire to settle any disputes they have with each other.” Also regarding Payment and Satisfaction. “The Plaintiffs [the Stevens] shawls, together and collectively, pay Defendant [the Commissioners] a total sum of one dollar and zero cents ($1.00) by check or cash on or before March 15, 2025. The payment shall constitute a complete satisfaction of the Final Order and consideration for all other Claims that Defendant may have in exchange for the promises and actions set forth in this Agreement.

Additionally, “Dismissal of Civil Matter and Appeals therefrom. Plaintiffs shall, together and collectively, dismiss with prejudice the Civil Matter and any appeals stemming therefrom.”

Previously on November 26, 2024, District Court Judge, Bill Simpson, entered an Order Following Bench Trial, which set forth the Court’s ruling upon the issues that were before the Court at the Hearing held in the Fifth Judicial District at Hot Springs County, on June 17-18, 2024. The Order brought to a close, at least at the District Court level, the dispute between plaintiff’s Michele and Michael Stevens, doing business as The Tipi Retreat, LLC, and defendant, Hot Springs County. The order imposed a total fine in the sum of $40,250 upon The Tipi Retreat and its owners.

The new document agreed upon by Commissioners Aguiar and Galovich states “The Parties agree the [$1.00] Payment constitutes good and sufficient consideration.”

At the meeting, the commissioners voted and passed the approval of the Revenue & Expenditures report for January.

Jason Lund of Carver, Florek and James CPAs presented to the commissioners their annual report and said there were no issues to be concerned about as it was a clean audit. Lund went over a summary of their single audit and other data, providing general information. He also acknowledged the work from County Clerk Becky Kersten and County Treasure Julie Mortimore as being instrumental in performing the audit. The commissioners voted and passed the approval to accept the audit.

Les Culliton gave a project update and first recommended Heather Jones’s application to continue on the Natural Resources Planning Committee, adding that Jones is a valuable member and does well regarding livestock work. The commissioners voted and passed the approval to accept Jones’ application. 

Culliton also said that Cindi Martinez with DEQ was wondering if it would be possible to perform some excavation around the old airport runway when it is reclaimed for the Black Mountain Road project. The commissioners expressed concern about delaying the grinding up of the asphalt by the excavator. 

Culliton discussed the letter from the Land Use Planning Commissioner dated January 15, where they requested a response from the board regarding their intention on moving forward. Culliton and the commissioners will eventually meet with LUPC to discuss these matters and how to use the land use plan. 

A portion of the letter states, “As the LUPC strives to fulfill its responsibilities effectively, we would like to pose a direct question to the Commissioners: What is the Board’s intent with the land use plan and the role of the LUPC moving forward? We seek clarification on how the County plans to balance adherence to its established processes with the flexibility to address unique or contentious matters in a way that minimizes risk and maintains public trust.”

The commissioners discussed the Hot Springs County 250 Committee. This is for the 250th Anniversary of the Founding of the United States. Chairman Ryan said that there are four people already interested. The commissioners plan on sending emails to Travel & Tourism, the County Museum, the Pioneer Association, the Historical Society, and the Senior Center to reach out seeking additional committee members. Chairman Ryan said that these organizations previously have been involved in similar celebrations. 

In other business, the commissioners voted and passed the approval of the Request for Reimbursement #1 for Black Mountain Road for $7,937.01 (County paid $1,190.55; WYDOT reimburse $6,746.46); the Approval of Resolution No. 2025-03 Authorizing Hot Springs County to Adopt a Statement of Investment Policy for Calendar Year 2025; the Approval of Sehnert Construction Inc. Quote for Sally Port Roll away Door for $2,024 and the Common Ground Panic Bars on Entrance Door for $1,856; the Approval of Quote for Gutters on the Emergency Operations Control Center for $17,550; the Approval of Facility Use Form, Annex Meeting Room, March 31 for the Local Government 101 Class; the Approval of Facility Use Form, Annex Meeting Room, March 2 for the Kirby Creek Irrigation Ditch Meeting; the Approval of Support Letter for River of Life Fellowship Grant Application to AARP.