TORRINGTON – The Torrington City Council met on November 19 at 5:30 p.m. for its regularly scheduled meeting. In attendance were Mayor Herb Doby and council members Wayne Deahl, Dennis Kelly, Dr. Richard Patterson and Shane Viktorin. Mayor Doby called the meeting to order, and Kelly led the group in the Pledge of Allegiance.

The mayor opened with informational items, reminding those in attendance, while Americans were originally formed as a self-governing people, they delegated power to the federal, state, and local governments. As a city government, he stated, there is a responsibility to act for the health and welfare of Torrington’s citizens, but the council must also be good stewards of the city’s budget in accordance with the fiduciary duty they owe to the city. He said the law requires the city to hold open meetings, and they have complied with those laws, including holding three public meetings so far regarding the sanitation fee increases.

The consent agenda was then approved following a motion from Patterson and a second from Deahl. The agenda for the evening’s meeting was amended to include a request for approval of a change order for a well pump project and to add a first reading of the burn ordinance. Deahl made a motion to approve the agenda as amended, Kelly seconded, and the agenda was approved. There were no comments on non-agenda items made during the public forum.

The first item on the agenda was the second reading of an ordinance to annex city-owned property, including the lagoons and baler facility. For an ordinance to pass, it must receive council approval at three separate readings. 

Dennis Estes, City Buildings and Grounds Superintendent, explained the annexation of the property had been in progress for many years, as the property is a natural extension of the city limits and is contiguous with the current city limits, as mandated by Wyoming statute. Estes also pointed out it is difficult to ask other property owners to agree to annexation when the city has not annexed its own property. Mayor Doby expressed concern the property is currently under the jurisdiction of county law enforcement, and the city is not able to prosecute violations of law occurring on this property in city courts. A public hearing was not held during the discussion, but later in the meeting, during the public comment period, Joe Unvall, whose property is adjacent to the city-owned property, expressed concerns he and his neighbors had been notified the city would annex his property after the city-owned property is annexed. Wyoming statute provides if a property is 75% surrounded by city property, the city can unilaterally annex the property without the approval of the property owners. He stated he runs an agricultural business on the land and is concerned about the increased taxes he would pay and the city regulations restricting the free use of his land if annexed. Alvin Syrovatka, another neighbor to the property, stated he opposed the annexation and asked if the city council had plans to annex his property without his consent. The mayor responded the question was “provocative” but gave no indication of the city’s intention. City attorney Jim Eddington told Syrovatka he would receive notice when a vote is scheduled on the annexation of his property.

The council next reviewed a request for a change order on the Well 5 project. The current scope of work includes replacing a pump, but when the pump was removed, it was discovered the downpipe below the pump was pitted and in poor condition. City staff requested $9,625 to replace the pipe. The council expressed concerns if the work was not completed now, it would be more expensive to finish later. Viktorin made a motion to approve the change order, Kelly seconded, and the change order was approved.

The next action item was the first reading of the updated sanitation ordinance. There had been a first reading in October, but the reading was missing required elements, so the city had to repeat the first reading. 

Mayor Doby reiterated the city’s argument for increasing sanitation fees by 6% for two years, with a 3% increase automatically applied every year thereafter. He explained a software program had recommended these increases to cover expenses for a future baler project and the sanitation fund had to be self-sustaining. He stated while he has heard the community’s concern about the increases, “young people who don’t remember 1975” cannot understand inflation. 

In 1975, the inflation rate was 9.1%. In recent years, inflation peaked in 2022 at 8%, although the 20-year average is well below 3%. He also stated while the city must act as a business, it is doing so with “one arm tied behind its back” because the city cannot negotiate rates with individuals as private businesses can. 

Director of public works, Jeff Harkins then reviewed the changes since the initial reading, including allowing third-party vendors to provide roll-off dumpsters in city limits if they meet certain requirements, such as possessing a contractor’s license, paying an additional annual fee of $600, and notifying city staff each time a roll-off is rented within city limits. The city will also be permitted to continue providing roll-off containers outside of city limits. This change, mayor Doby stated, is a compromise with the sanitation vendors currently operating in Torrington.

A public comment period was opened on the sanitation ordinance. 

Kurt Sittner, with TDS Collection Service, Inc., expressed concerns regarding the annual $600 fee, stating the contractor’s license is $50, so the $600 fee, in addition to the contractor’s license fee, is very high. The mayor responded the contractor’s license fee may be too low. Sittner also requested clarification on the new language of the ordinance, including whether “unwanted items” are permitted to be removed by private businesses includes demolished structures, and whether the same business contracted for the roll-off container would need to be the party contracted to remove the solid waste. 

Mayor Doby responded, “If we tried to cover every possible scenario, we would have an 1,800-page ordinance” and encouraged city residents to trust the city will fairly enforce the ordinance. Sittner closed his remarks by stating businesses would be passing the fees onto the citizens of Torrington, so the fee charged by the city is ultimately being passed on to the residents. 

“Yeah, that’s how the world works,” the mayor responded. 

Marie Flanagan, a local business owner, said the proposed ordinance is a “blatant disregard of businesses.” Her business, she stated, shares a dumpster with 14 other individuals, including other businesses and private individuals. Many of those entities pay different amounts for the same service in the same dumpster. Ed Hawley, streets and sanitation superintendent, stated he did not know why the commercial rates were set as they are, but the charges are based on the type of business and the anticipated number of pick-ups per week. He acknowledged some businesses are misclassified and many are in a higher tier than they should be. 

Jacob Hatley, with Gorilla Waste Solutions, asked about the applications required with the annual fee, specifically whether applications would be denied for any reason. He also asked for more details regarding the inspection of the roll-off containers. Mayor Doby remarked the proposed fee and inspection system “won’t work perfectly.” 

Theresa Fisher shared when considering moving to Torrington, she was also looking at Gering, Nebraska, and noted the rates the city is comparing its sanitation fees to are not “apples to apples” comparisons, as Gering provides an additional roll-out container for yard waste. She expressed concerns about a government mentality “income is automatic” without considering expenses could be cut. She also echoed the request the city remove the 3% automatic inflation increases. Mayor Doby responded the fees and budget are reviewed every year before the automatic increase is applied. The updated ordinance allows for a stay of the increase if the budget allows; however, if the council does not proactively vote for a stay, the increase will continue to be applied automatically every year. LaDonna Feagler confirmed she was aware the costs for equipment are increasing faster than the inflation rate.

Following the public comments, Patterson voted to approve the ordinance on first reading. Deahl seconded. The council approved the first reading with a four-to-one vote, with Viktorin voting nay.

Next on the agenda were the first readings for three ordinances required for consistency with the southeast annexation and sanitation ordinance. The first was regarding a restriction on providing utility services to customers outside of city limits who are not already receiving city utilities. The first reading of the ordinance passed after a motion from Viktorin and a second from Kelly. The second ordinance involved codifying a requirement the city alone collect solid waste. The ordinance passed the first reading after a motion from Patterson and a second from Deahl. The third ordinance proposed for consistency is one regarding exceptions to the burn ban, specifically allowing the city to burn certain materials on its property after the annexation is approved. The ordinance passed after a motion from Viktorin and a second from Deahl.

David Dent, golf course manager, then presented the city council with a proposal for updated rates at the golf course for 2025. Most daily fees will increase by $5, and annual rates will also rise. The rates were set based on feedback from golfers, a survey of similar golf courses, and increased costs. The lease for golf carts, for instance, expires in 2024, and the new lease is significantly more costly, though it is for five additional golf carts. Viktorin made a motion to accept the fees as presented, Deahl seconded the motion, and the fees were approved.

The council then reviewed a request for an IT audit.The current IT system, shared by the city and Goshen County, is aging, and staff is concerned about security levels. An audit would identify strengths and potential weaknesses in the system. The county has agreed to pay half of the $30,000 audit, and the city is requesting approval to pay the other half from the IT budget. Deahl made a motion to approve the audit. Kelly seconded the motion, and the motion passed.

Bills received since the prior council meeting were then approved after some discussion regarding liability for damage at the airport. Kelly made a motion to approve the bills, Viktorin seconded, and the bills were approved. The council then moved on to the public comment time. Comments made have been addressed above, except for a report from the fire department stating there had been only two calls since the last council meeting, both involving gas lines and gas meters. The council then adjourned into executive session.

The next city council meeting will be on December 3 at 5:30 p.m. in the council chambers, at which time the council will vote on the third reading of the southeast annexation and the second reading of the sanitation Ordinance and related new ordinances.