LANDER, WYOMING
OFFICE OF THE FREMONT COUNTY COMMISSIONERS
July 13, 2010

The Board of Fremont County Commissioners met in Regular Session at 9:00 a.m. with the following members present: Chairman Douglas L. Thompson, Vice-Chairman Pat Hickerson, Keja Whiteman, Dennis Heckart and Dennis Christensen.  County Clerk and Clerk of the Board Julie A. Freese was present.

Dennis Heckart moved, Dennis Christensen seconded, to accept the Agenda as amended.  Motion carried unanimously.

Dennis Heckart moved, Dennis Christensen seconded, to adjourn into Executive Session with County Attorney Brian Varn and Deputy County Attorney Jodi Darrough regarding litigation.  Motion carried unanimously.  Dennis Christensen moved, Dennis Heckart seconded, to return to Regular Session.  Motion carried unanimously.

Dennis Heckart moved, Pat Hickerson seconded, to approve the Minutes of the July 6 2010 meeting. Motion carried (Commissioner Whiteman was unavailable for the vote). 

Dennis Christensen moved, Pat Hickerson seconded, to accept the bills for payment.  Motion carried (Commissioner Whiteman was unavailable for the vote).

Dennis Heckart moved, Pat Hickerson seconded, to accept Voucher No. 71310F for a Title 25 patient to Fremont Counseling Service in the amount of $100 and Voucher No. 71310W to Wyoming Behavioral Institute in the amount of $8,905.  Motion carried (Commissioner Whiteman was unavailable for the vote). 

The following items in the Signature File were addressed:  1) Abatement Summary cover sheets.

The Board acknowledged Certificate of Assessment Rolls for the Year 2010 for LeClair Irrigation District and South Lander Industrial Park Service and Special Improvement District.

Sheriff Hornecker presented his monthly report and reviewed current Detention statistics of 196 on the total roster.  Of these, 92 inmates are sentenced and 256 intakes were recorded in May.  All but one of the vacant positions has been filled in Communications and four new employees are in the training program.  A major 911 failure was experienced over the 4^th of July weekend due to equipment failure with the main vendor (phone company) on one of the mountain top sites where the replacement parts had to be flown in by helicopter.  As a result, western Wyoming and parts of Idaho had to have their 911 calls rerouted to 10 digit phone lines.  Most of ours went to the Riverton Police Department which caused an overload on their system (man power issues).

Negotiations are still occurring for the WyoLink Low Level Sites scheduled for Fremont County (one each in Lander and Riverton).  He stated the E911 fund will contribute $100,000 towards the construction process for the two sites.

The 2010 flood had a major impact on the 911 Center and staffing it and the Incident Command Center with qualified people was a challenge.  This resulted in long hours and no days off for several employees at an approximate cost of $18,000 for overtime hours.  The normal increase in summer call volume has begun, with higher numbers reported over the weekends.

 There are currently two certified positions open in Detention, one control position open and one part-time cook position.  The Detention Center saw an expected spike in inmates during the 4^th of July weekend.  The staff is currently reviewing operational protocols in preparation for staffing shortages.  Juvenile detention is a current topic of discussion in an attempt to upgrade the supervision in that area due to inmate to inmate issues when the assigned deputy leaves the area.

 All Patrol positions are currently filled.  A Riverton Deputy is currently in basic training.  The Lander patrol division has a new Supervisor, Dan McOmie who replaced long-time employee Jeff Quillen who retired in July after 30 years of service to Fremont County.

Transportation Superintendent Dave Pendleton presented a License for New Construction of Utility Crossing or Encroachment submitted by Conoco Phillips for Lost Cabin/Arminto Road.  Dennis Christensen moved, Pat Hickerson seconded, to approve the License as submitted for a saltwater disposal pipeline.  Motion carried unanimously.  Change Order No. 1 from Dave’s Asphalt for the Cold Mix Stockpiling 2010 project was reviewed.  Dennis Christensen moved, Pat Hickerson seconded, to approve an increase of $55.75 to adjust contract quantities so the Contractor may be paid for actual quantities of work performed.  Motion carried unanimously.  Change Order No. 1 with Alexander Excavation, Inc. for an increase of $10,622.00 to protect existing County communication lines that are currently in conflict with construction plans for the Railroad Street improvement project was reviewed.  Dennis Christensen moved, Pat Hickerson seconded, to approve Change Order No. 1.  Motion carried unanimously.  A Notice to Proceed for Alexander Excavation, Inc. was also acknowledged that was signed by Chairman Thompson the previous day.

Commission meeting reports and concerns were reviewed:

Commissioner Heckart expressed concern with reducing the FCAG Capital Project allocation from $200,000 to $150,000 due to an allocation of $50,000 for Hudson’s clean up efforts following the flood.

Commissioner Christensen reviewed the mag chloride issue with several roads in the Pavillion area as he had earlier received a petition from citizens to discontinue the practice.  He visited with Dave Pendleton who stated the County receives a 7 to 1 break by using mag chloride vs. gravel.

Vice-Chairman Hickerson reviewed Secure Rural School funding.

Commissioner Whiteman visited with Farm Service Agency County Executive Director Andrea Warren regarding a letter to the Governor requesting the submission of a flood disaster request to the President for a Presidential major disaster declaration.  She will report back with proper information for said request.  Commissioner Whiteman would also like a memo to be sent to the departments asking that county vehicles not being used on a daily basis be parked at the Ambulance parking lot to free up parking space for the public around the Courthouse.  She would also like to encourage employees to park in that lot as well.

Dennis Christensen moved, Dennis Heckart seconded, to adjourn into the Board of Equalization.  Motion carried unanimously.  The following Dismissal Orders were reviewed as the taxpayers had withdrawn their protests:  Bonnie Copenhaver-Drwenski (Docket No. 2010-31); Pamida (Docket No. 2010-09); William and Becky Paddock (Docket No. 2010-12) and Bryan and Jennifer Neely (Docket No. 2010-05).  Pat Hickerson moved, Dennis Heckart seconded, to approve the Dismissal Orders as presented.  Motion carried unanimously.

Dennis Christensen moved, Dennis Heckart seconded, to adjourn as the Board of Equalization and return to Regular Session.  Motion carried unanimously.

County Clerk Julie Freese reviewed several changes and/or corrections she had made to the proposed budget that included an amended assessed valuation from $762,677,435 to $760,471,972; -$60,000 from Fremont County Fair Cash Reserve, correction in Transportation figures resulting in deduction of $61,737; correction to Fremont County Library resulting in deduction of $30,000; corrected figures for Detention health insurance; added $50,000 to Town of Hudson; changed FCAG Capital Projects from $200,000 to $150,000; updated fund balance and Capital Road Projects line item was changed from $547,640 to $400,000.  The County Attorney’s budget was reduced by one attorney ($89,592) and increased for one part-time clerk.  Freese stated she has not figured in Unemployment within individual departments and stated they can be augmented later through the Cash Reserve.  This cost for FY 09-10 was approximately $60,000 which is above average, which included off line boards.  These boards will now be responsible for paying their own unemployment in the new fiscal year.

County Treasurer Scott Harnsberger indicted a reduction in the assessed valuation was due to a reduction in fees due to Veteran’s Exemptions of $4.1 million.  He further stated the revenues from the State which were overpaid are not included as he cannot get a firm number on repayment figures; however, these will be paid back over 16 quarters.  He further expressed concern that the budget should not be balanced on the backs of the employees but that some services should be cut.

Commisioner Christensen expressed concern that the County is still spending more than it is receiving in revenues. 

Commissioner Heckart again stated his concern with cutting the earlier approved $200,000 FCAG Capital Projects budget by $50,000 in order to allocate the $50,000 to the Town of Hudson for flood related expenses.   He reiterated the comments heard the previous evening by the mayor of Shoshoni regarding their sewer related expenses.  Dennis Heckart moved, Keja Whiteman seconded, to add $50,000 back into the FCAG Capital Projects budget for a total of $200,000.  Voting against the motion: Pat Hickerson, Dennis Christensen and Doug Thompson.  Motion failed.  Commissioner Hickerson stated his preference that Shoshoni apply to the County for additional funding for DEQ mandated repairs to their sewer system just as Hudson did for their flood related expenses and Chairman Thompson also expressed support for the project as needed.

Commissioner Heckart further reviewed the testimony heard the previous evening during the Public Hearing from D. J. Sweet on behalf of the Injury Prevention Resources DUI Supervised Probation Program funding shortfall.  Dennis Heckart moved, Keja Whiteman seconded, to add $25,000 back into the program in addition to the $5,000 already approved.  Voting against the motion:  Dennis Christensen and Doug Thompson.  Motion carried.

Commissioner Whiteman wanted to remind departments to spend frugally to help this year’s fund balance so the County can maintain current staffing and service levels in the next several years.  Commissioner Hickerson calculated the next three years, as projected, at a $21.3 million budget with expenditures that will be $1.5 over that figure.  He suggested a policy regarding freezing hires, including the reduction of employees by attrition. 

Commissioner Hickerson expressed concern that the County Attorney’s Office was not approved for an additional attorney in light of the large workload for current attorneys as well as additional work the Commissioners want to purse in the federal arena.  Pat Hickerson moved to reinstate the salary for one attorney at a cost of $89,592.  Motion died for lack of a second.

Following discussion, Dennis Heckart moved, Pat Hickerson seconded, to approve the FY 2010-11 budget, as amended.  Motion carried unanimously. 

Dennis Heckart moved, Pat Hickerson seconded, to adjourn in the Board of Equalization for tax protest hearings.  Motion carried unanimously.

Pat Hickerson moved, Dennis Heckart seconded, to approve a Decision of the Fremont County Board of Equalization in the John Wirth, Jr. (Docket No. 2009-12) case affirming the Fremont County Assessor’s valuation.  Voting against the motion: Keja Whiteman.  Motion carried.

Chairman Thompson turned the meeting over to Hearing Examiner Terrance R. Martin.  Also present was Deputy County Assessor Tara Berg, Appraiser Kim Shelley and Deputy County Attorney Jodi Darrough. 

Hearing Officer Martin outlined the process of the hearings and stated the purpose was to hear and consider evidence from the parties concerning their 2010 assessment of real property and improvements.  Each person testifying was sworn in by County Clerk Julie Freese.

Angelo Capricchione (Docket No. 2010-27).  The taxpayer was present and presented a Comparable Market Analysis, which had not been shared with the Assessor’s Office.  Hearing Officer Martin recessed the hearing in order to give the Assessor’s Office time to review the CMA.  Upon returning to session, the taxpayer stated he would withdraw his protest and he had reached an agreement with the Assessor’s Office on his property valuation to his satisfaction.  Dennis Heckart moved, Dennis Christensen seconded, to approve a Dismissal Order.  Motion carried unanimously.

Legacy Trust, LLC (Docket No. 2010-28A, 28B, 28C and 28D).  Taxpayer Gary Ferguson was available via speakerphone.  Following the hearing and after deliberations, the Board agreed on a four to one vote to uphold the Assessor’s valuation.  The proper Order will be drafted by the Hearing Examiner.

Dennis Heckart moved, Dennis Christensen seconded, to return to Regular Session.  Motion carried unanimously.  Commissioner Whiteman was excused from the remainder of the meeting.

Bureau of Land Management Field Manager Jim Cagney was present for an update on several issues.  Dick Loper was present in the audience.  Cagney started by reviewing the County’s Freedom of Information Act request for grazing permit renewal documents and the State Office’s subsequent reply stating a cost of $1059.76 for 58 records.  Chairman Thompson stated he had spoke with the local office and downsized the request considerably.  Cagney distributed a template for the Board to review to apply for a fee waiver, which he felt would be granted.

Mr. Cagney reviewed a list of ongoing projects and grazing activities that the Lander Field Office has on their schedule as well as NEPA duties and dates associated with the projects.  General discussion was held on the Board’s concerns with the lack of approval of range projects and minor permit changes (seasons of use, terms and conditions, class and type conversions, etc.).  An update on the Resource Management Plan revision with discussion regarding sage grouse and trails areas was discussed in general.   He stated the RMP range should be on the website soon.  It was agreed that Mr. Cagney would meet with the Commissioners every other month to continue updates on various issues.

Commissioner Heckart was excused from the meeting half way during the BLM report.

There being no further business, Dennis Christensen moved, Pat Hickerson seconded, to adjourn the meeting at 5:00 p.m. and reconvene on July 20, 2010 for a regular meeting.  Motion carried unanimously. 

/s/         DOUGLAS L. THOMPSON, CHAIRMAN

FREMONT COUNTY COMMISSIONERS

ATTEST

/s/         JULIE A. FREESE, FREMONT COUNTY CLERK AND CLERK OF THE BOARD