MINUTES OF SPECIAL COUNCIL MEETING
TOWN OF LUSK
MAY 17, 2019
The Town Council of the Town of Lusk met for a special meeting on Friday May 17, 2019 at 10:00 a.m. in the Council Chambers of Town Hall. The purpose of the meeting was to receive information from various agencies on grants and loans to replace the infrastructure of the Town. This includes water/sewer lines, replacing of streets and alleys, and curb and gutter. Also on the agenda was the second reading of Ordinances and a presentation from the Child Care Committee.
Present were Mayor Doug Lytle, Council Members Calvin Carstensen and Dean Nelson.
Absent were Council Members Becky Blackburn and Tom Dooper.
Also present were Director of Public Works Todd Skrukrud, Water/Sewer Superintendent John Eddy, Clerk/Treasurer Linda Frye, Town Attorney Dennis Meier, USDA Representatives Brenda Allen, Ryan Urbanec, Brad Clausen, AVI Engineers Bruce Perryman, Tristan Cordier, Office of State Lands and Investment Beth Blackwell, The Lusk Herald Editor Heather Goddard, Town of Lusk Citizens Ron Bukowski and Terry Bukowski. University of Wyoming Extension Agent Hannah Swambom joined the meeting at 11:15 a.m.
Mayor Lytle called the meeting to order at 10:00 a.m.
John Eddy led the group in the Pledge of Allegiance.
Mayor Lytle requested to move visitor Ron Bukowski before Information on Grants for Infrastructure on the agenda.
COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve the agenda with the visitor being moved before the grant information. MOTION CARRIED.
Visitor Ron Bukowski addressed the Council on Ordinance 9-5-180, Dogs off Premises to be on Leash. Mr. Bukowski does not agree with the section pertaining to the dog being controlled by an electronic control device. Mr. Bukowski stated that an electronic control device does not control the dog and is used as a training aide. Mr. Bukowski gave information supporting this.
Mayor Lytle stated that the Ordinance is for protection of the community and release liability from the Town. Council Member Carstensen stated that this is a grey area and safety is the main concern. The Council will take Mr. Bukowski’s concerns under advisement.
Introductions were made for the agenda item of Information on Grants for Infrastructure. Mayor Lytle gave information on what the Town is looking at. The Town has an aging water/sewer system. The Town wants to move forward with the replacing of the aging system which would require replacing of streets, curbs, gutter for water shed and possibly install conduit for a broadband system. The 1% Specific Purpose Tax may be available in approximately eight months, which the Town would like to bring to a vote for the use of this project. Mayor Lytle stated that he did not want to tie up the 1% for 20 or more years.
Brad Clausen from USDA stated that there are grant/loans through the program called “Reconnect” for Broadband.
Bruce Perryman AVI Engineer gave background information on what they have accomplished and how long they have worked with the Town on water and sewer projects. The PER has been completed, and the project includes sewer and environmental, sidewalks, ADA compliance, PVC, fire hydrants. This is an ambitious project, and has a package of seven quadrants or phases. They do not want to remove good lines, but focus on the worst first.
Brenda Allen, USDA Program Specialist stated there is money for water/sewer projects and to put back the surface as was prior. There may be no grant money available but the CF program has loans. USDA works well with partners. Brenda suggested that when the Town does the PER and ER to do it for the whole thing, which would save money, and move forward with a planning grant. A search grant is $30,000.00, but there is a limit on how many there are.
Beth Blackwell from OSLI stated they partner with others. The programs they offer are State Revolving at 2.5% to 0% interest; Drinking Water with 75% forgiveness on monies spent, Watershed is a 0% loan. CATEX technical part is being replaced with Capital Improvement Plan. She suggested prioritizing, worse shape first and balancing the project. MRG has a match search grant package, and the application is due in September, with the board meeting in January (50/50 or 75/25). The SRF is 0% for replacing items not new, Capital Construction Loan Plan is 1% to 2.5% at least 5 years to 25 years. There is approximately $2 million for road and $4 million for infrastructure. Beth suggested the Town get creative, move quickly, and have a face to face meeting in Cheyenne to rally support. Five (5) years of Audits and Financials are required.
This is a starting point, and the Town is ready to move forward. We need to begin the process for the 1% Specific Purpose Tax, and have rate numbers, revenue bonds, educate the public about infrastructure and the long term affect.
Council Member Carstensen asked if there is a planning and search grant available and can you include public education in the reimbursement for that? Beth stated this is a requirement of SLIB. A Public Hearing is required 45 to 60 days before approved application, for public opinion.
Other options are Midwest Assistance Program board Training, and rate study WARS.
Beth recommends single digit dollars instead of percentage. A “IUP” , clean water, generic, scope of dollar amount high enough, planning-construction-design-preliminary report for the June 6th meeting, which AVI can have early next week. “WYDOT” – Federal requires SRF, USDA does not require Davis/Bacon.
End 11:20 a.m. Break
The meeting reconvened at 11:35 a.m. Present were Mayor Lytle, Council Members Nelson, Carstensen, also present Town Attorney Meier, Director of Public Works Skrukrud, Animal Control Jergensen, Clerk/Treasurer Frye, The Lusk Herald Editor Heather Goddard, University of Wyoming Extension Community Development Agent Hannah Swambom.
The next item on the agenda was the second reading of the Amendments of Ordinances.
COUNCIL MEMBER CARSTENSEN MOVED, SECOND BY COUNCIL MEMBER NELSON, to approve Ordinance No. 6-5-190, An Ordinance Amending Existing Ordinance 6-5-190 to Include a Subsection (e) Prohibiting Use of Compression Brakes within the Town Limits of Lusk, Wyoming; Declaring the Same to be a Breach of the Peace; and Providing an Exception to this Ordinance on second reading. MOTION CARRIED.
COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Ordinance No. 9-10-180, An Ordinance Amending Existing Ordinance 9-10-180 to Define “Cruelty to Animals” and to Grant Authority to the Animal Control Officer in Removing, Sheltering and Caring for Such Animals and Euthenizing Suffering Animals with Severe Injuries or Disease on second reading. MOTION CARRIED.
COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Ordinance No. 9-5-100, An Ordinance Amending Existing Ordinance 9-5-100 by Adding a Definition for “Nuisance” Relating to Animal Activities on second reading. MOTION CARRIED.
COUNCIL MEMBER CARSTENSEN MOVED, SECOND BY COUNCIL MEMBER NELSON, to approve Ordinance No. 9-5-150 An Ordinance Amending Existing Ordinance 9-5-150 by Including Dogs Chasing and Jumping at Bicycles and/or Pedestrians as Nuisances on second reading. MOTION CARRIED.
COUNCIL MEMBER CARSTENSEN stated that with Ordinance No. 9-5-180 he would like to see the phase “or is being controlled by an electronic control device by the owner or custodian” stricken from the ordinance. The Council also requested that “attached to the dog and held” be added. COUNCIL MEMBER CARSTENSEN MOVED, SECOND BY COUNCIL MEMBER NELSON, to approve Ordinance 9-5-180 An Ordinance Amending Existing Ordinance 9-5-180 by Requiring Dogs to be on Leash When off Premises of Owner or Custodian and That Such Leash be Attached to the Dog and be Held by the Owner or Custodian of the Dog on second reading with the changes as noted above. MOTION CARRIED.
COUNCIL MEMBER CARSTENSEN MOVED, SECOND BY COUNCIL MEMBER NELSON, to approve Ordinance No. 9-5-190 An Ordinance Amending Existing Ordinance 9-5-190 by Adding Language Allowing Agents or Employees of the Town of Lusk Pursuing an Animal at Large to Enter onto Enclosed Open Private Property in the Event of Immediate Threat or Danger to the Public on second reading. MOTION CARRIED.
COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Ordinance No. 9-5-220 An Ordinance Amending Existing Ordinance 9-5-220 by Specifying that the Notice of Impoundment Applies to all Impounded Animals on second reading. MOTION CARRIED.
COUNCIL MEMBER CARSTENSEN MOVED, SECOND BY COUNCIL MEMBER NELSON, to approve Ordinance No. 9-5-270 An Ordinance Amending Existing Ordinance 9-5-270 by Adding a Sub-Section (d) Prohibiting Poisonous or Venomous Amphibians, Arachnids or Reptiles within the City Limits of the Town of Lusk; and Providing an Exception on second reading. MOTION CARRIED.
Hannah Swambom gave a presentation to the Council from the Child Care Community. Ms. Swambom stated that there is a need for a daycare faculty and asked the Council what the Committee needs to bring to the Council for an official request for the Town to donate land. Council Member Nelson stated that they have looked at the land in the Business Park north of the Niobrara Conservation District office. He also stated that the Town does not want to be in the Child Care Business and would probably look at a lease to own. The value of the land could be used for a match for a Wyoming Business Council grant. The grant from the Wyoming Business Council would be funded through the Town. Ms. Swambom stated that the Committee needs a place to start and the first step is to find a piece of property. The next Child Care meeting will be May 22, 2019 at 5:00 p.m. in the Council Chambers. They will have available the requirements per child.
There being no further business to come before the Council, COUNCIL MEMBER CARSTENSEN MOVED, SECOND BY COUNCIL MEMBER NELSON, to adjourn the meeting at 12:15 p.m. MOTION CARRIED.
TOWN OF LUSK, WYOMING
Douglas L. Lytle, Mayor
Linda M. Frye, Clerk/Treasurer
Public Notice No. 5262. Published in The Lusk Herald on May 29, 2019.