City of Torrington )
County of Goshen )
State of Wyoming )
The Torrington City Council met in regular session on Tuesday, November 19, 2024 in the City Council Chambers at 436 East 22nd Ave. at 5:30 p.m. Present: Mayor Doby, Council Members Deahl, Kelly, Patterson and Viktorin. Also Present: Clerk/Treasurer Strecker, Attorney Eddington, Director of Public Works Harkins, Assistant Chief of Police Connelly, Buildings & Grounds Superintendent Estes, Water/Wastewater Supervisor Troxel, Streets & Sanitation Superintendent Hawley, Golf Pro Dent, Deputy City Treasurer Nichols and Deputy City Clerk Anaya.
Mayor Doby called the meeting to order.
Councilman Kelly led the Pledge of Allegiance.
Mayor Doby led the session with an informational announcement on the following item: 1. Mayor Doby stated that under God, the people are sovereign. He indicated that we are a self-governing people. Mayor Doby commented that the people delegated measure of this sovereignty to government through national and state constitutions. He stated that the constitutions of the United States and of the State of Wyoming are fundamental law. Mayor Doby indicated that the Mayor and City Council are charged by the Wyoming Constitution and the Wyoming Statutes to protect and be good stewards of the budget. He commented that they are responsible to protect and be good stewards of the health, safety and welfare of the citizens of Torrington. Mayor Doby stated that the Council is prohibited by law, the open meetings law, from meeting in private. He indicated that all of the Council’s meetings are open and transparent. Mayor Doby commented that the Council holds public work sessions where they have the opportunity to discuss public issues that they are called to address. He stated that for example, the Council has held at least three public work sessions/public hearings to deal with the sanitation utility and how the City pays for it. Mayor Doby indicated that more and more citizens are coming to learn how City ordinances are discussed and ultimately passed into ordinance or law or are rejected. He commented that there are five proposed ordinances on the agenda and stated that four of those five ordinances are related to the sanitation fees ordinance. Mayor Doby indicated that those four ordinances are on the agenda for first reading. He commented that the other proposed ordinance on the agenda relates to the City annexing its own property. Mayor Doby stated that that ordinance is on the agenda for second reading. He indicated that it will pass or be rejected by the Council later in the evening. Mayor Doby commented that if it passes, it will be subject to a third reading at the next Council meeting scheduled for 12-03-24. He stated that the way Council does the business of the City is open and transparent. Mayor Doby indicated that they all do their best to act legally and responsibly while always keeping in mind their duty to protect the health, safety and welfare of the citizens of Torrington. He commented that they are also always mindful of their fiduciary duty to this complex entity called the City of Torrington.
Councilman Patterson moved and Councilman Deahl seconded to approve the consent agenda which includes the minutes from the 11-05-24 Council meeting as published and all actions therein be ratified. Motion carried unanimously.
Mayor Doby requested approval to amend the agenda as follows:
1. Add Well #5 Submersible Pump and Motor Replacement Project Change Order to the Action Items List.
2. Add Ordinance 1st Reading – Relating to Burning of Solid Waste to the Action Items List.
Councilman Deahl moved and Councilman Kelly seconded to approve the agenda as amended. Motion carried unanimously.
Attorney Eddington read by title AN ORDINANCE ANNEXING WITHIN THE CORPORATE LIMITS OF THE CITY OF TORRINGTON, WYOMING, REAL PROPERTY TO BE KNOWN AS THE “2024 SOUTHEAST ANNEXATION ADDITION”, A 207.71 ACRE PARCEL OF LAND LOCATED IN THE SW1/4 OF SECTION 14, E1/2, SE1/4 & S1/2NE1/4 OF SECTION 15, & NE1/4NW1/4 OF SECTION 23, ALL IN T24N, R61W OF THE 6TH P.M., GOSHEN COUNTY, WYOMING. Buildings & Grounds Superintendent Estes stated that as directed, staff went ahead and had the property surveyed. He indicated that the property has never been legally surveyed all in one parcel and commented that the annexation actually involves two parcels. Buildings & Grounds Superintendent Estes stated that the land being annexed includes the baler facility, the lagoons, the lift station and all of the infrastructure that the lift station takes to operate. He indicated that the land is owned entirely by the City of Torrington and commented that the annexation does not include any private property. Mayor Doby inquired what the value of the City property is that is located within the proposed annexation parameters. Director of Public Works Harkins replied that the value is several tens of millions of dollars. Attorney Eddington stated that if the annexation is approved, that property will become jurisdiction of the Torrington Police Department (TPD). He indicated that it is nonsensical for the City to not annex their own property for that specific reason, jurisdiction for law enforcement. Attorney Eddington commented that they have had lawsuits and criminal cases go awry because of jurisdictional issues between the TPD and what they can and cannot do in the City versus the County, therefore they are trying to eliminate those issues. He stated that it is a natural, logical, feasible, geographical extension of the City and indicated that it makes sense to annex. Councilman Patterson moved and Councilman Kelly seconded to approve the ordinance on second reading as presented. Motion carried unanimously.
Clerk/Treasurer Strecker presented for approval a change order for the Well #5 Submersible Pump and Motor Replacement Project. She stated that last week, the Water Department informed her that in the process of replacing the pump at well #5 the contractor found that the down pipe had some potting/pitting in the pipe which was more than half of the thickness of the pipe. Clerk/Treasurer Strecker indicated that while the pump is out, the contractor would like to go ahead with the repair. She commented that unfortunately, when this project was awarded in September of 2024, no contingency was included. Clerk/Treasurer Strecker stated that the reason for that is because this is the third motor that is being replaced in that well field and all of the other wells did not have this issue so staff did not foresee needing a contingency. She indicated that staff is seeking the approval of a change order in the amount of $9,625.00 so that the contractor can replace that pipe in the well while it is down this week. Clerk/Treasurer Strecker commented that it does not make sense for the contractor to come back at a later date to complete the repair. She stated that to cover the additional cost, the replacement of RO #1 Pump will be postponed until next fiscal year. Water/Wastewater Supervisor Troxel spoke in support of the change order. He indicated that this is a critical repair that is needed in order to avoid the gravel pack from eventually filling in the bottom of the well. Councilman Viktorin moved and Councilman Kelly seconded to approve the change order for the Well #5 Submersible Pump and Motor Replacement Project in the amount of $9,625.00 as presented. Motion carried unanimously.
Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 3.04.050 OF THE TORRINGTON MUNICIPAL CODE, 2024 REVISIONS, RELATING TO SANITATION FEES. Director of Public Works (DPW) Harkins stated that after great public comment, a lot of staff time and a lot of work sessions, additional amendments were made to the proposed ordinance. He briefly summarized the major changes that were made to the ordinance since the last work session which were as follows: 1. The City may provide roll-off container services outside of the City’s corporate limits; 2. Other trash collection vendors are not allowed to provide any services within the City’s corporate limits subject to the following exceptions – i. The Mayor and Council declare an emergency need for such services; ii. Any business that provides the labor to clean out residential or commercial properties of unwanted items, trash or debris may utilize their own equipment including roll-offs to remove the trash; iii. A business may only provide roll-off container services within the City’s corporate limits provided they fill out and submit a business license application, pay an annual license fee of $600.00, provide a $1,000,000.00 liability insurance certificate naming the City as additional insured, comply with the standards set forth in the business license application regarding placement within the City’s rights-of-ways, damage to property, failure to pick up, failure to respond to emergencies, etc., and inform the Director of Public Works or their designee as to the location address and delivery and pick up dates of all roll-off containers placed within the City’s corporate limits; iv. Any business that provides for the removal and disposal of offal from meat processing businesses; v. Any business that provides for the recycling of recyclable items such as cardboard, glass, metals, paper, or plastics; 3. Violations under this ordinance will be enforced under City of Torrington Municipal Section 8.28.150 as a municipal misdemeanor; and 4. Only grass clippings are allowed in the grass bins, no trash. Violations under this ordinance will be enforced under City of Torrington Municipal Section 8.28.150 as a municipal misdemeanor. Mayor Doby stated that he would allow public comments from anyone wanting to address the Mayor and Council regarding the proposed ordinance. Kurt Sittner addressed the Mayor and Council. He thanked the Mayor and Council for reconsidering the ordinance and for working on it, and asked them to please reconsider the annual license fee of $600.00. Marie Flanagan addressed the Mayor and Council. She asked them to please not disregard the businesses and to assume that because they are a business they can afford it, because that is not the case. Jacob Hatley addressed the Mayor and Council. He asked if the business license application that is referenced within the ordinance will be made available for viewing before the ordinance moves forward. Mayor Doby replied that an application has not been created yet, but it will be soon. Mr. Hatley then stated that it is rather unlikely for any person, unless the City is going to hire someone, to be able to actually keep track of all of the pick up and drop off notifications that will be required. He indicated that the roll-off business is moving constantly and quickly, and commented that it is hard enough as a business owner to be on track of that information yet alone to have someone else follow in their tracks hoping to stay kept up. Theresa Fisher addressed the Mayor and Council. She commented that she agrees with the need for a baler as she has been in areas in the past that did not utilize a baler and there was trash blowing constantly. Ms. Fisher also stated that the proposed leap in costs for several businesses is astonishing and concerning to her. She indicated that she hopes that the Mayor and Council will revisit that, and encouraged them to seek out local business owners for ideas. LaDonna Feagler addressed the Mayor and Council. She commented that the inflation rate for the items that the Sanitation Department has to purchase to improve the sanitation service is a lot more than the regular inflation rate, therefore she understands the need for gradual increases to be able to keep up with those additional costs. Councilman Patterson stated that there will be consideration for all of the feedback that the public provided and indicated that there will probably be alterations made to the ordinance. Councilman Patterson moved and Councilman Deahl seconded to approve the ordinance on first reading as presented. Voting aye Deahl, Doby, Kelly and Patterson, nay Viktorin. Motion carried.
Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 13.01.010. OF THE TORRINGTON MUNICIPAL CODE, 2024 REVISIONS, RELATING TO NO EXTENSION OF WATER, SEWER OR GARBAGE SERVICES. He stated that the amendments that were made to the ordinance are in an effort to stay consistent with the amendments that are being proposed for Section 3.04.050. Attorney Eddington indicated that he added the September 20, 1988 date. He commented that he thought it was important for everyone to know that that is when the Council originally passed the first ordinance not allowing the extension of those services outside of the corporate limits of the City. Attorney Eddington stated that he also added the language, “…subject to notice, request and approval by the Mayor and Council.” He indicated that the added language will give the Mayor and Council the authority to consider exception requests. Mayor Doby commented that solid waste is already defined in the City’s municipal code. He suggested modifying the words garbage services to solid waste services. Attorney Eddington stated that the suggested edit will be made for the second reading of the ordinance with a modification to the ordinance title to stay consistent. Mayor Doby also recommended the addition of the verbiage excluding roll-off containers after solid waste services to further clarify exactly what service is being referenced within the ordinance. Councilman Viktorin moved and Councilman Kelly seconded to approve the ordinance on first reading as amended with the suggested edits to the content and title. Motion carried unanimously.
Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 8.28.030. OF THE TORRINGTON MUNICIPAL CODE, 2024 REVISIONS, RELATING TO COLLECTION BY CITY REQUIRED. He stated that the amendment is the addition of the language, “…subject to the specific exceptions thereto, set forth in Section 3.04.050 of the Torrington Municipal Code relating to Sanitation Fees in the City of Torrington.” Councilman Patterson moved and Councilman Deahl seconded to approve the ordinance on first reading as presented. Motion carried unanimously.
Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 8.28.080. A. OF THE TORRINGTON MUNICIPAL CODE, 2024 REVISIONS, RELATING TO BURNING OF SOLID WASTE. He stated that the amendment that was made to the ordinance is an effort to stay consistent with the annexation that was previously approved on second reading. Mayor Doby inquired if the amendment made to the ordinance would make it legal for the Sanitation Department staff to continue to burn the brush/tree piles at the baler facility like they are accustomed to doing so. Attorney Eddington confirmed yes and indicated that the City obtains an annual permit issued by the State of Wyoming for burning. Councilman Viktorin moved and Councilman Deahl seconded to approve the ordinance on first reading as presented. Motion carried unanimously.
Golf Pro Dent presented the 2025 Golf Rates and Fees for approval. Modifications presented for approval were: Junior/Student - $200.00, Single - $640.00, Couple/Married - $855.00, Family - $1,000.00, College Student (12 Credit Hours) - $225.00, Senior (62 Years and Older) - $570.00, Senior Couples (Both Must be 62 Years of Age or Older and Married) - $790.00, Daily Fee 9 Holes - $30.00, Daily Fee 18 Holes - $40.00, Tournaments Guest Weekdays - $30.00, Tournaments Guest Weekends - $30.00, Trail Fees Daily Fee - $25.00, Golf Cart Rental 9 Holes (Per Rider) - $15.00, Golf Cart Rental 18 Holes (Per Rider) - $20.00, 1 Year City Cart Lease Single - $495.00, 1 Year City Cart Lease Couple - $650.00, Gas Golf Cart Shed - $140.00, Electric Golf Cart Shed - $170.00, Couple Range Pass - $275.00, Family Range Pass - $315.00, Junior Range Pass - $130.00, Single Adult Annual Range Pass - $225.00, College Student (12 Credit Hours) Range Pass - $140.00, Punch Card (12 Rounds of Golf for the Price of 10) - $400.00 and Military Discount - $4.00 Off Green Fees 9 Holes or 18 Holes. Councilman Viktorin moved and Councilman Patterson seconded to approve the 2025 Golf Rates and Fees as presented. Motion carried unanimously.
Attorney Eddington read by title RESOLUTION NO. 2024-11 AUTHORIZING THE CITY OF TORRINGTON TO PARTICIPATE IN THE FUNDING OF AN AUDIT OF THE INFORMATION TECHNOLOGY INFRASTRUCTURE. Clerk/Treasurer Strecker stated that this resolution allows the City of Torrington to participate in the funding of an information technology (IT) audit of the City and County joint IT system. She indicated that the IT Committee is very concerned about the security, efficiency and age of the IT infrastructure, so the committee obtained proposals from IT consultants to perform an IT audit. Clerk/Treasurer Strecker commented that the cost of the audit ranges about $30,000.00. She stated that the County Commissioners have already considered this audit, therefore this resolution is simply allowing the City to commit their 50% of the costs up to $15,000.00. Councilman Viktorin indicated that this audit would account for assets, what they do, their age, where they are at, and commented that it would also study the functionality of the system, reveal weaknesses so that staff can better address them, and could potentially reveal strengths. Mayor Doby inquired if there is money in the budget to fund this audit. Clerk/Treasurer Strecker replied that she budgeted $25,000.00 for cybersecurity insurance and the renewal premium came in at $11,000.00, therefore the savings from that insurance premium can be utilized to fund the audit. Councilman Deahl moved and Councilman Kelly seconded to approve Resolution No. 2024-11 as presented. Motion carried unanimously.
The bills from 11-06-24 to 11-19-24 were presented for payment. Councilman Kelly moved and Councilman Viktorin seconded to approve the bills for payment as presented. Motion carried unanimously.
Mayor Doby asked for public comments, questions or concerns.
Fire Chief Correa briefly updated the Mayor and Council on the calls that the Torrington Volunteer Fire Department responded to in the last couple of weeks.
Joe Umble with High Plainsmen, LLC addressed the Mayor and Council. He stated that if the proposed southeast annexation is approved, that will make his property an island. Mr. Umble indicated that he has been informed that he will not be allowed to be an island in the future. He commented that he just wanted to express to the Mayor and Council that he is not happy or excited about that.
Alvin Syrovatka with Bronco Drilling addressed the Mayor and Council. He stated that he opposes the proposed southeast annexation. Mr. Syrovatka inquired if his property became an island as a result of this annexation, if the City will have the right to annex his property without his consent. Attorney Eddington replied that the City would have to follow statute, and give him notice, follow petition and have a public hearing in that instance.
Kayce Weber addressed the Mayor and Council. She inquired what the residential sanitation collection fees are going to increase to with the proposed ordinance. Clerk/Treasurer Strecker replied that the proposed rate which will take effect on January 1, 2025 is $36.86. She stated that the proposal also includes a 6% increase to take effect on January 1, 2026 and indicated that every year thereafter the fund will be reviewed during the budget process to determine if the inflationary increase is necessary or not. Ms. Weber suggested leaving the rates as is and collecting a fixed amount from every resident, such as $5.00 per month, to contribute towards the baler project. Councilman Viktorin stated for clarification purposes that the projected increase to residential rates that will take effect on January 1, 2025 is only approximately $2.00 per month.
Councilman Deahl moved and Councilman Patterson seconded to adjourn to executive session to discuss potential litigation and to consider benefits. Motion carried unanimously.
Mayor Doby returned the Mayor and Council to regular session.
Councilman Viktorin moved and Councilman Kelly seconded to opt out of Item #2 of Amendment #3 to the City of Torrington Employee Benefit Plan Group No. 02423. Motion carried unanimously.
Mayor Doby adjourned the meeting at 9:02 p.m.
The following bills were approved for payment: 79923 CITY OF TORRINGTON C/O FIRST STATE BANK optional sales tax 124618.70;79924 GOSHEN CO ECONOMIC ¼ cent sales tax 31155.50;79925 MOUNTAIN WEST TECHNOLOGIES CORP TVFD internet service 101.00;79926 WYRULEC CO Landfill Electric 233.13;79927 5K PROPERTIES LLC deposit refund 6.72;79928 AFLAC payroll withholding 1069.26; 79929 AMAZON CAPITAL SERVICES heated water hoses,pens,certificate picture frames 479.05;79930 AMERICAN HEART ASSOCIATION INC. CPR & AED training 525.00;79931 AMERICAN PUBLIC WORKS ASSOC APWA public agency membership dues 397.00;79932 APCO INTERNATIONAL group memberships 391.00;79933 AT&T MOBILITY cardiac monitor transmission fees 16.73;79934 BENCHMARK OF TORRINGTON PC land trade preliminary survey,lift station utility easement boundary survey,E P replat 3256.00;79935 BLACK HILLS ENERGY utilities-gas 2643.62;79936 BLAIR NEWMAN deposit refund 232.48; 79937 BOUND TREE MEDICAL uniform pin 12.27;79938 BROWN CO deck hanger,locknut 21.60;79939 CITY OF TORRINGTON C/O PINNACLE BANK health reserve non-insured PR employee premium/MT positions 9162.25;79940 CITY OF TORRINGTON C/O PLATTE VALLEY BANK East K Lid bond payment/CD 11713.81;79941 CONNECTING POINT copier all-inclusive service contracts 505.53;79942 CONTRACTORS MATERIALS INC. aircraft cable 36.00;79943 COTTONWOOD COUNTRY CLUB 50% rental fee-2024 cottonwood country club shed 710.00;79944 CUMMINS INC. replace batteries & air filters 734.64;79945 DANA YOUTZ mileage reimb 443.54;79946 DAVID A. DENT Golf Pro Payable 628.14;79947 DEREK J. LONG II tree spraying 490.00;79948 DIVERSIFIED SERVICES INC. cleaning services 625.00;79949 EAKES INC. golf cart stickers 106.00;79950 EJS SUPPLY LLC snow plow cutting edges 1203.62;79951 ENVIRO SERVICES INC. lab analysis 37.00;79952 FUEL MANAGEMENT SOLUTIONS gas pump repairs/faulty o-ring on filter 943.99;79953 GARY SANSONE damage repair 600.00;79954 GOSHEN CO CONSTRUCTION LLC garage door installation,installation/insulation & liner panels at baler addition 39988.00;79955 GOSHEN CO DISTRICT COURT CLERK payroll withholding 100.00;79956 GOSHEN CO ECONOMIC monthly contribution 2500.00;79957 GRAINGER safety glasses 34.00;79958 GREATAMERICA FINANCIAL SERVICES CORP copier leases 356.00;79959 GREAT-WEST TRUST CO LLC payroll withholding 2240.00;79960 HIGH PLAINS APARTMENTS deposit refund 216.13;79961 JAMES A. EDDINGTON PC City Attorney,extended hours 9585.00;79962 J-BUILT HOMES INC. coring (2) holes/signs 200.00;79963 JERRY FOGG refund overpayment/airport hangar 1826.00;79964 JERRY'S ELECTRIC transformers 39950.00;79965 JOE FALES aileron restoration 1292.10;79966 JOHN B. PATRICK Municipal Court Judge 2000.00;79967 KELLY MATLOCK foam cups,drum liner 46.36;79968 LAW ENFORCEMENT SEMINARS LLC registration/ background investigation training 425.00;79969 LAZY2KELECTRIC install new heater/storage shed 587.50;79970 LEVI'S LAWN CARE mowing/trimming 120.00;79971 LIVE ACTION SAFETY combitube roll up kits,surpaglottic airways 326.07;79972 MATHESON TRI-GAS INC. gloves,medical oxygen 327.38;79973 MEDICAL AIR SERVICES ASSOCIATION medical air transport insurance 1634.00;79974 MERITAIN HEALTH INC. premium-ins/life admin 49471.25;79975 METAL SHOP AND REPAIR LLC welding wire,channel iron/ man basket,oxygen bottle 199.90;79976 METROPOLITAN COMPOUNDS INC. weed killer 476.69;79977 MICHAEL A. RICHEY Airport Operator Contract 1666.66;79978 MICHAEL A. RICHEY ring camera monthly service,fuel reimb,taylorcraft repairs,fabric & dope/aeleron repairs 778.30;79979 MONTANA CSSD SDU payroll withholding 210.16;79980 MOTOROLA SOLUTIONS INC. dispatch 911 service contract 5015.66; 79981 MUNICIPAL ENERGY AGENCY OF NE wholesale power 395123.23;79982 NCPERS GROUP LIFE INS payroll withholding 160.00;79983 NE SAFETY AND FIRE EQUIPMENT fire alarm/sprinkler/fire extinguisher/range hood inspections 1203.00;79984 NEW YORK LIFE payroll withholding 257.00;79985 NEXT LEVEL RESTORATION full detail-police vehicles 600.00;79986 OLSON TIRE CO tire repairs,prema rad patches,rotate tires 125.69;79987 ONE CALL OF WY tickets for CDC code TRG 109.50;79988 PARYS H. SCHAUB deposit refund 155.91;79989 PINNACLE BANK travel expenses-meals/lodging/fuel,pro grade handcuffs,yearly pass,vent air valve,clean seal test plug,training fees,swab box,spray adhesive,stock supplies for reimbursables,credit,gasket,carbide cutter,air cleaner part for generator,crackers,gatorade, hazmat placard,tooth lock,membrane kit,adjuster kit,chainsaw bolt/washer,handsoap,replacement filter pads,drywall tools,writing pads,batteries,microwave cart,highlighters,trash bag holder,furniture polish, printer stand,annual support fee,toll charges,wristbands for trunk or treat event 5512.41;79990 PLATTE CO payroll withholding 199.98;79991 POMP'S TIRE SERVICE garbage truck tire repair 2216.10;79992 QUADIENT FINANCE USA INC. neopost postage 697.00;79993 RAYMOND MILLER mileage reimb 111.22; 79994 REGIONAL CARE INC. select flex admin 108.00;79995 RICE LAKE WEST INC. retainage 2545.33; 79996 SHELL EQUIPMENT CO LLC heavy duty tarp 291.74;79997 TAMI GRAYBILL deposit refund 50.00; 79998 TCS ELECTRIC LLC electrical work/heater 1000.00;79999 TOPKOTE INC. FY25 Chip Seal Project 10589.55;80000 TORRINGTON EMPLOYEES INSURANCE premium 106225.78;80001 TORRINGTON FIRE DEPT death benefit/mutual aid members-City ½ 520.00;80002 TORRINGTON TELEGRAM ads,legals 2558.18;80003 U S POSTMASTER credit for postage 1250.00;80004 UNITED AMERICAN INSURANCE medicare premium/contract 141.00;80005 VEOLIA WTS USA INC. monthly chemical management 7769.04;80006 VERIZON WIRELESS TVFD cell phones 97.21;80007 WATER ENVIRONMENT FEDERATION membership renewal 115.00;80008 WESTCO oil,contract unleaded 9139.45;80009 WY HEALTH FAIRS chemistry panel 45.00;80010 WY SECURITY SYSTEMS INC. pool alarm monitoring 75.00;80011 ZANE BOGDANOWICZ deposit refund 215.65;80012 ZELL HEATING & COOLING LLC clean ice machine,supply & install tube heaters 16109.00
Public Notice No. 9180 published in The Torrington Telegram on November 29, 2024
