MINUTES OF COUNTY COMMISSIONERS MEETING
December 18, 2012


STATE OF WYOMING ) OFFICE OF THE BOARD OF
  ) COUNTY COMMISSIONERS
COUNTY OF HOT SPRINGS ) THERMOPOLIS WYOMING
    December 18, 2012
The Hot Springs Board of County Commissioners met in regular session on Tuesday, December 18, 2012 at 4:00 p.m. in the Public Meeting Room at the Government Annex.
Present were Commissioners Brad Basse, John Lumley and Mike Baker. Also present were County Attorney Jerry Williams, County Clerk Hans Odde and Administrative Assistant to the Commissioners Penny Herdt.

Chairman Basse led those present in the Pledge of Allegiance.

Approval of Agenda
John Lumley moved to approve the agenda with the following additions:
ADD:Commissioners3. Daniels Approach Agreement
Barton Stam6. 4-H Extension Educator Update
Hans Odde7. Treasurer Replacement Process
Mike Baker seconded the motion. Motion carried.

Treasurer Replacement
Clerk Odde requested that the Commissioners approve his sending the letter notifying the Republican Party of the vacancy in the Office of the Treasurer on January 2, 2013. Upon receipt of the notification of vacancy, the Republican Party will have 15 days to submit the names of three nominees for the position. The Commissioners will then have 5 days to select a new Treasurer. The Commissioners approved presenting the letter of notification to the Republican Party on January 2, 2013.

Public Hearing – Peterman Bed & Breakfast
Chairman Brad Basse declared the public hearing on the home occupation permit request for Brenda and Gary Peterman open at 4:07 p.m. Applicant Brenda Peterman was present to answer any questions the Commissioners might have. Planner Bo Bowman presented the scoring sheets and the recommendation for approval of the permit from the Land Use Planning Board. The recommendation for approval carries one condition as follows: The on-site sign identifying the property shall not exceed 16 square feet in area, and shall not be internally lit. Mr. Bowman stressed that this is not a land use change request – it is only a request for a home occupation permit. County Attorney Jerry Williams expressed his appreciation for the thoroughness of the Land Use Planning Board in their handling of this request. After three calls for further public comment, receiving none, Chairman Basse declared the public hearing closed at 4:15 p.m. The Commissioners then completed the scoring sheets for the permit. Mike Baker moved approval of the Home Occupation Permit for Gary and Brenda Peterman to operate a Bed & Breakfast at 392 Highway 20 South, Thermopolis, Wyoming. John Lumley seconded the motion. Discussion: Commissioner Baker noted that while the scoring sheets were not entirely applicable to this kind of permit, the overall score was positive, leading to the motion for approval. Motion carried.

Tax Rebate & Supplementals
Assessor Shelley Deromedi presented the following tax rebate for the Commissioners’ approval:
Rebate #11-12 – Phoenix Production Company – DOR NOVC 2012-0660 - Parcel #3067 - Oil production during 2007 at Black Mountain Field– An audit by the Wyoming Department of Audit found that oil production was over assessed for production year 2007 in the amount of 41,257. Taxes in the amount of $2,937.50 need to be

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rebated. John Lumley moved to approve Rebate #11-12 to Phoenix Production Company in the amount of $2,937.50. Mike Baker seconded the motion. Motion carried.
The following supplemental tax notices have been processed through the Treasurer’s Office:
BASIN RESOURCES CORPORATION - Parcel #074496 – DOR NOVC 2012-0622 - This 2007 supplemental parcel was created to add 31,539 in taxable value based on an amended return filed by Basin Resources to DOR to report several months of unreported 2006 Production. Total taxes on this supplemental were $2,207.98.
BASIN RESOURCES CORPORATION - Parcel #466909 – DOR NOVC 2012-0622 - This 2009 supplemental parcel was created to add 71,725 in taxable value based on a late return filed by Basin Resources to DOR to report previously unreported production volume and value for the 2008 production year. Total taxes on this supplemental were $4,807.73.
ENCORE ENERGY PARTNERS OPERATING LLC - Parcel #467010 – DOR NOVC 2012-0564 - This 2010 supplemental parcel was created to add 9,882 in taxable value based on an amended return filed by Encore to correct discrepancies between severance tax and gross products reporting found by DOR. Total taxes on this supplemental were $638.92.
FIDELITY EXPLORATION AND PRODUCTION - Parcel #104282 – DOR NOVC 2012-0645 - This 2010 supplemental parcel was created to add 3,090 in taxable value based on an amended return filed by Fidelity E&P to DOR to move production from Park to Hot Springs County. Total taxes on this supplemental were $199.78.
PHOENIX PRODUCTION COMPANY - Parcel #306709 – DOR NOVC 2012-0660 - This 2009 supplemental parcel was created to add 56,061 in taxable value for the 2008 production year in the Gebo and Black Mountain Fields based on Wyoming Dept of Audit findings. Total taxes on this supplemental were $3,757.76.
PHOENIX PRODUCTION COMPANY - Parcel #306709 – DOR NOVC 2012-0660 - This 2010 supplemental parcel was created to add 31,026 in taxable value for the 2009 production year in the Gebo and Black Mountain Fields based on Wyoming Dept of Audit findings. Total taxes on this supplemental were $2,005.99.

Daniels Approach Agreement
Clerk Odde presented an approach agreement application from Delbert Daniels for an approach on County Road 23 located at 1187 Cowboy Mine Road. All fees have been paid and Ray Shaffer has reviewed and approved the application. Mike Baker moved to approve the approach agreement with Delbert Daniels for an approach on County Road 23. John Lumley seconded the motion. Motion carried.

Energy Performance Contract with Trane, Inc.
Trane representative Kim Ketchum was present to answer any questions the Commissioners might have regarding the contract. Chairman Basse removed himself from discussion and voting on this matter due to a declared conflict of interest as a potential sub-contractor on the project. County Attorney Jerry Williams had reviewed the contract and proceeded to outline some areas of concern and some items he felt the Commissioners should be aware of prior to signing the contract. After extensive discussion. John Lumley moved to approve the Vice-Chairman’s signature on the Energy Performance Contract with Trane, Inc. contingent upon agreement being reached between the County Attorney and Trane’s attorney on the following three items:
1. Section 2 (various places) and Schedule N: Contract refers to Net 30 Day payment periods. The Commissioners asked that Trane edit the contract to include terms of Net 45 Days and remove the Net 30 Day references.
2. Section 2.8.6.4.1 (e): There is concern regarding the language providing for the contractor to exit the contract via the convenience clause, but not the County (agency). The Commissioners expressed concern that Contractor can exit the contract and have too much power over why termination was

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executed, not on behalf of the Contractor but on the County.
3. Section 3.19.2 – Contractor Inspection language: The County Attorney would like subsection i. to be edited to read as follows:
i. Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. Contractor shall maintain complete inspection records and make them available to Agency. All work shall be conducted under the general direction of Agency for the specific project, and is subject to Agency Inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the Contract.
Mike Baker seconded the motion. Motion carried. Commissioner Basse reassumed the chair.

Airport Update
Phase I Construction Update – GDA representative Jeremy Gilb reported that the contractor expects to complete both access roads by the end of the week. The fencing is finished. Winter shutdown will probably happen Thursday or Friday of this week. Items remaining to be addressed in the spring include general site cleanup, seeding, mulching and density testing on the crushed base.
Phase I Change Order #1 – Mr. Gilb presented Change Order #1 for the Commissioners’ review. Mr. Gilb discussed the various parts of the change order, including Field Orders 4-7. The final result of Change Order #1 is a decrease in the cost of the project of $9,509.52. Mike Baker moved to authorize the chairman’s signature on Change Order #1 when it is received back from GDA with the appropriate signatures. John Lumley seconded the motion. Motion carried.
Phase II – Award Bid and Issue Notice of Award – Mr. Gilb distributed copies of the bid tabulation for the Phase II Project – Bid Schedules 1 & 2. Bids were received from eight companies as follows:
High Country Construction, Inc.$1,743,208.00
Fiore and Sons, Inc.$1,748,954.83
Mountain View Building, Inc.$1,749,435.00
Knife River$1,821,260.50
Oftedal Construction$1,943,769.00
Railroad Specialties, Inc.$1,961,944.90
RBK Construction, Inc.$1,989,850.00
Kilroy, LLC$3,140,415.00

After reviewing the bids for completeness and fulfillment of the specifications, GDA recommends the bid be awarded to High Country Construction, Inc. of Lander, Wyoming as the apparent low bidder in the amount of $1,743,208.00. The engineer’s estimated cost for the project was $1,750,622.50. The bid has been submitted to the FAA and WYDOT-Aeronautics for review. John Lumley moved to award the bid for the Phase II Airport Construction Project, Bid Schedules 1 & 2 to High County Construction, Inc. in the amount of $1,743,208.00, contingent upon review and approval by the FAA and WYDOT Aeronautics, and to authorize the Chairman’s signature on the Notice of Award upon receipt of written concurrence from the FAA and WYDOT Aeronautics. Mike Baker seconded the motion. Motion carried.
General Update – The airport location sign is nearly finished and should be installed by the end of the year. GDA will install combination locks on the gates on the airport road and in the wildlife fence and provide the Commissioners with the combinations. Mr. Gilb will also provide the Clerk with a set of keys to the job trailer.

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4-H Extension Educator Update
UW Extension Educator Barton Stam informed the Commissioners that 4-H Extension Educator Jennifer Cheney has submitted her resignation effective January 4, 2013. Mrs. Cheney has recently returned from maternity leave and is working from home until then. Clerk Odde asked Mr. Stam to investigate what the County’s financial responsibility has been for the last four months with regards to Mrs. Cheney’s maternity leave. Mr. Stam will notify the Commissioners when interviews have been set up for Mrs. Cheney’s replacement and invited them to participate if they wished.

Correspondence
Chamber of Commerce – Harlem Ambassadors Sponsorship Request
University of Wyoming – Open Spaces Publication
Library Board Minutes – November, 2012
Fair Board Minutes – November, 2012
Airport Monthly Operations Report – November, 2012
Hot Springs County Memorial Hospital – Financial Report
The Commissioners reviewed the foregoing correspondence. No further action was required.

Adjournment
There being no further business to come before the Board of County Commissioners at this time, John Lumley moved to adjourn. Chairman Basse declared the meeting adjourned at 6:05 p.m.
Attest:
_______________________________
Brad Basse, Chairman
  _______________________________
Hans Odde, Clerk to the Board
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