State Building Commission Meeting Minutes – January 13, 2016 Page 1 of 5 STATE BUILDING COMMISSION MEETING MINUTES – JANUARY 13, 2016

A meeting of the State Building Commission was held January 13, 2016, in Room B-63, Herschler Building. Governor Mead called the meeting to order at 8:00 a.m. Roll Call: Governor Matthew H. Mead Secretary of State Edward Murray Auditor Cynthia Cloud Treasurer Mark Gordon - Absent Superintendent of Public Instruction Jillian Balow Others in attendance: Senator Phil Nicholas – Joined the meeting at 8:11 AM Senator Drew Perkins – Joined the meeting at 8:26 AM Representative Tim Stubson – Joined the meeting at 8:24 AM Representative Dan Zwonitzer Mel Muldrow, Secretary of the Commission Dean Fausset, Director, Department of A&I Russ Noel, Deputy Director, Department of A&I Tim Thorson, Policy/Planning Coordinator, Department of A&I Kari Gray, Chief of Staff, Governor’s Office Leo Caselli, Assistant Attorney General, Attorney General’s Office Ryan Schelhaas, Deputy Attorney General, Attorney General’s Office Michael O’Donnell, Special Assistant Attorney General, Attorney General’s Office Michael Robinson, Senior Assistant Attorney General, Attorney General’s Office Karl Anderson, Supervising Attorney General, Attorney General’s Office Tom Cowan, Director of Administrative Support, Secretary of State’s Office Pat Arp, Deputy State Treasurer, State Treasurer’s Office Sean Allen, Board and Commission Administrator, Department of Education Matt Obrecht, Legislative Counsel, Legislative Service Office Dave Gruver, Director, Legislative Service Office Chris Boswell, Vice President, Governmental and Community Affairs, UW Kara Poppe, Accounting Analyst, Auditor’s Office Terry Keys, Facilities Operations Manager, Department of Corrections Bob Lampert, Director, Department of Corrections Steve Lindly, Deputy Director, Department of Corrections Dan Shannon, Provision Division Administrator, Department of Corrections Lance Marrs, Staff Engineer, State Parks and Cultural Resources John Shaffer, PE, Principal, Structural Engineer, Martin/Martin Wyoming John Lund, PE, Principal, Structural Investigations Group, Martin/Martin Wyoming Bob Jensen, Director of Government Affairs and Public Relations, Holland & Hart Trevor Brown, Wyoming Tribune Eagle

State Building Commission Meeting Minutes – January 13, 2016 Page 2 of 5 Maureen Bader, Wyoming Liberty Group Lorraine Cole, Senior Accountant, A&I Accounting Opal Hunt, Accounting Technician, A & I Construction Management Rich Merrill, Administrator, A&I General Services Division Joe McCord, Facility Operations Manager, A&I General Services Division Suzanne Norton, Architect, A&I Construction Management Ian Catellier, Project Manager, A&I Construction Management Bob Kiser, Project Manager, A&I Construction Management Jim Chaput, Project Manager, A&I Construction Management Tamra Wales, Contract Administrator, A&I Construction Management Jaci Williams, Auto Cad Operator, A&I Construction Management Daniela Lucero, Administrative/Leasing Manager Jamie Frazier Olson, Recording Secretary of the Commission

1.

Call to Order Governor Mead called the meeting to order at 8:00 a.m.

2.

Commission Roll Call State Building Commission (SBC) Secretary Muldrow proceeded with roll call.

3.

Request for Approval – Meeting Agenda The meeting agenda was approved.

4.

Request for Approval of Previous Meeting Minutes Secretary of State Murray moved for approval of the October 14, 2015, meeting minutes. Superintendent Balow seconded the motion. The motion was voted on and carried.

5.

Financial Reports - Mel Muldrow, Secretary of the Commission Mr. Muldrow reviewed the SBC and Flex Contingency financial reports.

6.

Information Update – Cheyenne Leases, Capital Construction and Major Maintenance Reports – Mel Muldrow, Secretary of the Commission Mr. Muldrow reviewed the lease report. Mr. Muldrow reviewed the Major Maintenance Project Updates as well as project updates from State Parks and Cultural Resources, Game & Fish, Military, and the University of Wyoming. Governor Mead questioned, with regard to the University of Wyoming Major Maintenance, the costs for Hoyt Hall renovations. Ian Catellier explained theses costs were related to unknown circumstances (columns and structural items) found while renovating office space. Chris Boswell, Vice President of Governmental and Community Affairs at the University of Wyoming spoke to the project and confirmed that the $2.9 million cost is for the entire renovation. There will be no changes to the capacity or use

State Building Commission Meeting Minutes – January 13, 2016 Page 3 of 5 of the building. Governor Mead questioned who the occupants will be after renovation. Mr. Boswell confirmed the former occupants are expected to move back in. 7.

Wyoming State Penitentiary Wall Movement Update Bob Kiser, Project Manager, A & I Construction Management Mr. Kiser reported that Martin/Martin Wyoming has been performing an independent investigation of the current movement problems at the Wyoming State Penitentiary (WSP). John Lund, PE, Principal, Structural Investigations Group, Martin/Martin Wyoming, provided a power point presentation of the issues at the facility. Mr. Lund informed the members of the Commission that the prison remains structurally sound and is safe for the inmates and staff. However, the potential for continued movement is significant and ongoing and needs to be remediated relatively quickly. Secretary of State Murray questioned whether the expansive soil should remain stable under uniform and consistent moistures and whether the drainage was analyzed. Mr. Lund confirmed that the senior civil engineering principal of Martin/Martin Wyoming reviewed the drainage at the site from both the design perspective, and also the perspective of what is currently on site. Governor Mead invited Bob Lampert, Director of the Wyoming State Penitentiary, to the podium and asked if the repairs were made as recommended, how many inmates would be displaced and how long might it take. The penitentiary houses approximately 700 inmates and has a staff of approximately 220 active employees. If the project progressed sections at a time, the most inmates displaced would be 150 and this could take two to three years, per section, to fully mitigate the issues. Proceeding with the repairs all at once would require the inmates to be relocated elsewhere, while the corrections staff would also be displaced or temporarily unemployed. Director Lampert recommends building out the 144-bed addition in Torrington and moving the majority of inmates there. This option would also accommodate some of the current staff from WSP. Completing the work in phases would allow the prison to stay partially open and require fewer inmates to be relocated. This would likely be more expensive and will take longer to complete. Since there is no other facility in Wyoming that can accommodate highcustody inmates, the State may have to look at options outside Wyoming. Estimated cost of displacement is approximately $85 per day for each high-custody inmate, totaling around $8 million per repair period. Cost estimates for these options were not provided but Governor Mead would like them prior to the beginning of the legislative session. Superintendent Balow questioned the safety and security of the inmates, staff and public with regard to the masonry that is falling apart, as well as tripping hazards within the facility. Mr. Lund informed that most of the areas showing falling masonry are within secured perimeters, typically only entered by staff Governor Mead added that if the repair costs are exuberant, an additional option would be to build an entirely new facility. Senator Perkins questioned the need for additional beds in Torrington, and what the cost estimate would be. Director Lampert informed the Commission that the cost is currently at $13.1 million for an additional pod. Representative Zwonitzer questioned what the federal guidelines are as far as housing maximum security prisoners in a medium security facility. According to Director Lampert, the guidelines require the inmates to be in a single cell. Senator Nicholas asked the Department of Corrections to provide a report of recommendations with a matrix comparing facility repair versus rebuilding. This matrix needs to include staff needs. In addition, the report should address the maximum use of

State Building Commission Meeting Minutes – January 13, 2016 Page 4 of 5 maximum security units required versus the vacancy rates of internal staffing. Also, with regard to displacement of the inmates to other facilities, thought needs to be given with regard to the distance families would have to travel. Senator Nicholas also questioned whether there would be a strategy with regard to which inmates would be moved, or could the current facilities be repurposed to accommodate needs with less population. 8.

Facility-Use Policy Mel Muldrow, Secretary of the Commission Mr. Muldrow reviewed the temporary Facility-Use Policy. Efforts were coordinated between AICM, the Director’s office, the Attorney General’s office, the Legislative Service Office (LSO), Wyoming Highway Patrol (WHP) and the building owners.. Mr. Muldrow invited Matt Obrecht, Legislative Counsel, Legislative Service Office, to the podium. Mr. Obrecht, in turn, asked Mr. Dave Gruver, Director, Legislative Service Office, to start the presentation. Mr. Gruver addressed the process and the substance of the policy. The proposed facility-use policy says there will be changes for members of the public who want to watch or influence the Legislature’s work as compared to how things were handled at the Capitol. Due to limited space availability and the rights of other tenants in the leased spaced, the scope, quantity and frequency of events and exhibits previously permitted at the Capitol building may be cut back at the Jonah Business Center. The draft policy allows for some events to be held in a meeting room inside the building when it is not in use by legislature. Demonstrations will be permitted outside the building at a specific location, which mostly consists of a grassy area to the northeast of the building. Mr. Obrecht walked through the policy for the Commission and explained the delicacy of the leased space situation with regard to public use for demonstrations. A draft policy was created to establish standards that respect the constitutional rights of the public while balancing the rights of the lessors and the lessees, as well as other groups that may be using the building. The draft policy reads that due to limited space availability and the rights of other tenants, the scope, quantity and frequency of events and exhibits previously permitted at the Capitol building may be curtailed while in this temporary space. The Legislative Service Office has offered space in a meeting room, close to the center of the building, that may accommodate some activities when it is not being used by legislature. Larger events and demonstrations are being offered a space outside on a portion of private sidewalk and grass in order to keep people safe from being on the public sidewalk next to a busy roadway. Superintendent Balow expressed concern with regard to this area outside, as it is currently covered in snow, and as legislature takes place in February, it will most likely continue to be snow covered, which is a safety issue for attendants, some of which may be handicapped. Superintendent Balow and Secretary of State Murray would like to see changes made to expand the outside area to allow for a larger, safer demonstration area. Superintendent Balow expressed that since the policy was not provided for review until just before the SBC meeting, it would be best to have more time to review and revise to include other spaces where the public may be permitted to gather. One suggestion was to make the atrium available for public use but the Legislative Service Office staff doesn’t feel this is a viable option due to reception and security plans for this space. Governor Mead tabled the vote on the policy provided today until further meetings could take place among the Elected Officials, the building owners, as well as Treasure Gordon, who is absent. This

State Building Commission Meeting Minutes – January 13, 2016 Page 5 of 5 meeting will take place within the next two weeks to be able to have a policy in place prior to the legislative session beginning February 08, 2016. 9.

Public Comments None.

10.

Executive Session - Real Estate Considerations Mel Muldrow, Secretary of the Commission At 11 :44 a.m. Auditor Cloud moved to enter into Executive Session to discuss real estate transactions that are confidential in nature. Secretary of State Murray seconded the motion. The motion was voted on and carried. At 12:43 p.m. the Executive Session was declared closed and the meeting returned to open session.

Commission and Ex-Officio Comments None.

There being no further business to discuss, the meeting adjourned at 12:50 p.m.

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Governor Matthew H. Mead, Chairman State Building Commission

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Mel Muldrow, Secretary State Building Commission