Council mulls over new user agreement for complex between Rec District, town and school

Mayor CJ Duncan gave the background of the use agreement between the school and the rec district and community complex at the Jan. 9 meeting of the Basin Town Council. 

“Before the rec district was operating year-round the town of Basin entered into an agreement to allow the school to use the community complex,” said Duncan. “Once the rec district started to be the year-round operator, we approached the school district about them entering into an agreement with the rec district.” 

He continued that the school board and its legal counsel were a bit concerned: they wanted to have the agreement between the actual owner of the complex (the town).  A few months ago, the town informed the school that it still preferred the agreement to be entered into with the rec district. Duncan told the council that the school still would rather the agreement be with the town. The council’s previous discussions addressed an implied inference of control by the town over the complex. 

He visited with the school superintendent and school board members about their concerns. From those discussions, a solution presented itself and it was determined that the agreement should be between the town, in recognition of the fact that the rec district operates the facility. Duncan asked the town’s attorney, Kent Richins, to come up with some language in the agreement reflecting this. 

Audience member Charles Weeks asked Duncan if the school would help pay for any of the maintenance of the complex and Duncan replied that the school district pays a flat fee.  For the last two to three years, the fee was $10,000 per year. Councilman Chuck Hopkin noted that the rec district is also funded through a mill levy: it is paid to the school and then back to the rec district. 

Councilman Mike Dellos asked if the town pays the insurance and utilities on the complex. He was told yes. “So, in this agreement, if something got damaged, is the town going to have to make the claim? Is the rec board responsible for that?” 

Richins replied that the town is responsible for the day-to-day maintenance. The district is responsible for cleaning the used areas after events. 

According to Duncan, there is language in the last paragraph stating that those who intentionally do damage will be held responsible. He also said that in the agreement with the town and the rec district regarding the complex, there is language that states the rec district is responsible for light maintenance and cleaning up to a certain amount. He did not recall what that amount was off the top of his head. Major maintenance would be up to the town. He noted it is very similar to the agreement between the town and the Basin City Arts Center (BCAC). 

BCAC board member Carmen Olson addressed the council from the audience. She expounded on their agreement with the town. She said the BCAC pays the gas bill and the electricity. The town pays the sewer, garbage and water.   

She continued that the insurance is paid by BCAC. The town in the past has given $1,500 a year to help with the maintenance if something happens. “But the furnaces went down. The Arts Center paid for it. CJ helped with the leak on the roof. The Arts Center paid for that. Unless it is a major thing, the town hasn’t helped much.” 

Duncan replied “That is our intention with the rec district as well. We want it to work but some of it because the facilities are connected, they don’t have different electric meters. They don’t have different gas meters. They don’t have different water meters. So, it would be extremely hard at this point to try to separate the usage.” 

He continued it could be done but would propose a challenge. The agreement before them now is the town, the rec district and the school. The school utilizes the complex for basketball practices. They also use it doing football games for locker rooms and the officials.  

A motion was made for Richins to draw up a new agreement between the three entities. The motion carried. 

In other business:

• A letter of support was requested by TCT for their request for funding through the BEAC broadband program. The council approved the letter. 

• Security State Bank was approved by council as the depository designation for the town. 

• Vouchers were approved for $330,748.25 

• An executive session was requested for potential litigation. 

• A fuel agreement was reviewed and signed. The town will purchase their fuel from WYDOT.