MINUTES OF COUNTY COMMISSIONERS MEETING
September 13, 2010


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    September 13, 2010
The Hot Springs County Board of Commissioners met in special session Monday, September 13, 2010, at 8:00 a.m. in the Meeting Room at the Government Annex.

Present were Commissioners John P. Lumley, Brad Basse and Mike Baker. Also present was County Attorney Jerry Williams, County Clerk Hans Odde, Assessor Shelley Deromedi and Administrative Assistant to the Commissioners Penny Herdt.

Chairman John P. Lumley led those present in the Pledge of Allegiance.

Approval of Agenda
Brad Basse made a motion to approve the agenda as presented. Mike Baker seconded the motion. Motion carried.

Board of Equalization Finding of Facts and Conclusions of Law
County Attorney Jerry Williams noted that the Board of Commissioners would be acting as a Board of Equalization for this portion of the meeting. Copies of the Finding of Fact/Conclusion of Law & Order documents were distributed for the Commissioners' review. After review by the Commissioners, minor typographical corrections were made to the documents and the following actions were taken:
1. Dwain & Kathleen Ratfield – Appeal denied. Board finds that the Taxpayers did not demonstrate the Assessor erred in changing the classification of their property from agricultural to non-agricultural. Additionally, they did not demonstrate any error in assessing the value of the real property or the improvements thereon. The Assessor fairly considered comparable sales information and made an appropriate adjustment within her permitted discretion to value the Taxpayers' property. The fact that the Taxpayers have a different opinion of value is not sufficient to demonstrate that the Assessor's value lacks substantial basis or is in error. Brad Basse moved to approve the Order as corrected. Mike Baker seconded the motion. Motion carried.
2. Hay Creek Land & Livestock – Appeal denied. Board finds that the Taxpayer's evidence fails to demonstrate that the Assessor erred in the use of the State-prescribed systems and valuation methodologies for the property in question. The Assessor fairly considered comparable sales information and made an appropriate adjustment within her permitted discretion to value the Taxpayers' property. The fact that the Taxpayers have a different opinion of value is not sufficient to demonstrate that the Assessor's value lacks substantial basis or is in error. Mike Baker moved to approve the Order as corrected. Brad Basse seconded the motion. Motion carried.
3. Paul & Marlene McKinstray – As the McKinstrays were present, Clerk Odde read the Finding of Fact/Conclusion of Law & Order document pertaining to their appeal into the record. Appeal denied. Board finds that the Taxpayers' evidence failed to demonstrate that the Assessor erred in the use of the State-prescribed systems and valuation methodologies for the property in question. The Assessor fairly considered comparable sales information and made an appropriate adjustment within her permitted discretion to value the Taxpayers' property. The fact that the Taxpayers have a different opinion of value is not sufficient to demonstrate that the Assessor's value lacks substantial basis or is in error. Mike Baker moved to approve the Order as corrected. Brad Basse seconded the motion. Motion carried.

Clerk Odde will make the corrections to the documents as discussed and distribute them to the Assessor's Office and the Taxpayers. The Finding of Fact/Conclusion of Law & Order

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documents for the foregoing appeals will be available in the County Clerk's office for public review.

Wyoming Biker's Association – 24-Hour Malt Beverage Permit
Clerk Odde presented a 24-Hour Malt Beverage Permit application from Casey Larson for the Wyoming Biker's Association's Last Bash of Summer Children's Benefit to be held at his residence located at 910 Skelton Road on September 25-26, 2010, for the Commissioners' consideration. The required fee has not been received at this time. County Attorney Williams reported that Mr. Larson had been convicted of hosting a party where minors were served alcoholic beverages in the last year, but that incident occurred prior to a similar event held by the WBA on his property last year, and the Sheriff's office reported no incidents or arrests as a result of that event. Mr. Larson was not present at the meeting. In an attempt to gain enough information to make an informed decision regarding the application, the Commissioners contacted Wyoming Biker's Association representative Gerald Dewey by phone. After considerable discussion with Mr. Dewey and amongst themselves, Brad Basse moved to approve the 24-hour malt beverage permit subject to the following limitations: the County Clerk must receive the required fee, an itinerary of the event, and proof of bona fide corporate existence or progress toward such existence and a financial statement showing proof that the money raised is actually used for the purpose stated. Mike Baker seconded the motion. Motion carried. When these conditions are met, the Clerk will issue the permit to Mr. Larson.

There being no further business before the Board at this time, Brad Basse moved to adjourn at 9:30 a.m. Brad Basse seconded the motion. Motion carried.
Attest:


John P. Lumley, Chairman Hans Odde, Clerk to the Board


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