Public Notice No. 5275


MINUTES OF THE REGULAR COUNCIL MEETING TOWN OF LUSK JUNE 4, 2019

PUBLIC NOTICE

MINUTES OF THE REGULAR COUNCIL MEETING
TOWN OF LUSK
JUNE 4, 2019
The Town Council of the Town of Lusk met in regular session at 5:00 p.m. in the Council Chambers of Town Hall on Tuesday June 4, 2019.
Council Members Present:    Mayor Doug Lytle, Council Members Rebecca Blackburn, Calvin Carstensen, Tom Dooper, and Dean Nelson    
Also Present:    Linda Frye, Clerk/Treasurer
    Cassandra Matney, Deputy Clerk
    Todd Skrukrud, Director of Public Works
    Dennis Meier, Town Attorney
    Bo Krein, Chief of Police
    Officer Jacob Gordon
    James Santistevan, Parks/Cemetery, Emergency Management
    Doug Jergenson, Animal Control
    John Eddy, Water/Sewer Superintendent
    Cory Wilcox, Shop Mechanic/EMT Director
    Royce Thompson, Electric Superintendent/Airport Manager
    Bruce Himes, Streets/Sanitation
    Sean Duffy, Golf Course Superintendent
    Barbara Cushman, Pool Director    
MAYOR Lytle called the meeting to order at 5:00 PM.
Royce Thompson led everyone in the Pledge of Allegiance.
COUNCIL MEMBER BLACKBURN MOVED, to approve the agenda as printed, second by COUNCIL MEMBER CARSTENSEN. MOTION CARRIED.
VOUCHERS FOR PAYMENT    
AFLAC    Payroll Deduction    $618.62
Allbright’s True Value    Supplies/Maint./Oil    $1,056.09
ALSCO/American Linen    Mat Rental    $105.90
AVI PC Engineering    Water Maintenance & Repairs                $24,620.27
BankCard Center    Training/Support/Supplies/
New Equipment/Uniforms/Samples    $3,945.33
Blue Cross Blue Shield    Insurance    $30,090.01
Blue Line Custom Vinyl    Vehicle Repair    $400.00
Bluffs Sanitary Supply     Parks Supplies    $172.79
Boiler Combustion Specialist    Pool Operation & Maintenance            $300.00
Century Link    Phone Bill; Long Distance    $32.37
Champs Exteriors    Building Maintenance    $1,700.00
C&H Tire    Vehicle Repairs/Equipment Repairs                $733.63
Collicott, Mitch    Rec. Officials Pay    $400.00
Compass Data    Water New Equipment    $4,000.00
Communication Tech.    Emergency Management Siren Test                $378.00
Croell Redi-Mix    Sealing Chips/Animal Shelter
    Building Maintenance     $5,083.03
Doyle J. Davies    Municipal Judge    $1,000.00
Delta Dental Plan    Employee Paid Insurance    $673.20
Energy Laboratories Inc.    Landfill Well Monitoring    $2,166.00
Farwest Line Specialties    Electrical Safety & Training    $50.00
Finchers Findings, Inc.    Recreation Uniforms    $399.44
Filener, Chantry    Police Dept. Equipment Repair                $190.00
Geil, Jacob    Recreation Officials Pay    $400.00
Grainger    Shop Maintenance    $23.58
Great American Financial   Copier Lease    $377.00
Great Western Trust Co.    WRS 457 Plan Deferred Comp    $200.00
Hawkins, Inc.    Pool Maint. & Operations    $3,053.82
Hiway Super Service    Vehicle Repair    $22.00
Hometown Country    Shop Uniforms    $400.00
J. Harlen Co., Inc    Electrical Safety Training    $1,164.90
Jersild, Craig    Recreation Officials Pay    $400.00
Jergenson, Doug    Animal Control Salary/New Equipment            $1,697.00
John Deere Financial    Golf Course New Equipment                $619.37
Meier Building    Monthly P.D. Rent    $800.00
Black Hills Energy    Gas Service    $454.09
Border State Industries    Electric New Equipment/Parts/Supplies                $511.81
Kurtzer’s    Parks Equipment Repair    $174.67
Lashmett, Sara    Customer Deposit Refund    $18.98
Lusk Fire Dept.    Training/Misc./Retirement    $1,663.59
Lusk Herald    Advertising    $4,269.42
MARC    Snow Removal    $854.72
Matheson Tri-Gas Inc.    Ambulance Supplies    $176.38
Meier Law Office    Monthly Retainer    $3,000.00
Mes-Rocky Mountains    Fire Dept. Parts & Supplies                $3,545.37
Midland Implement Co.    Golf Course Irrigation Repairs                $611.80
Dale Miller    Ambulance Bill Refunds    $95.87
Nio. County Weed & Pest    Sewer Weed Spray/Street Chemicals            $2,369.30
Niobrara Chamber of Commerce    Promotion            $187.50
Niobrara County    GIS Software Match    $1,175.25
Niobrara County Library    Internet Service    $250.00
Niobrara County School District    Recreation Transportation            $1,606.98
Niobrara County Treasurer     Communications Contract            $6,301.50
Nio. Electric Assoc.    Landfill Utilities    $41.24
Northwest Pipe    Water New Equipment    $113.40
One Call of Wyoming    Dig Tickets    $3.00
Whitaker Oil, Inc.    Fuel and Oil    $3,374.48
Century Link    Phones/Internet    $1,332.85
Radar Shop, The    Police Dept. Radio Repairs    $83.00
Sanchez, Marco    Recreation Officials Pay    $400.00
Stotz Equipment    Golf Course New Equipment                $12,000.00
Sun Ridge Systems, Inc.    Office Support & Maintenance                $6,020.00
TDS Trash Collection    Transfer Station Tipping Fees                $5,705.39
The Skeleton Closet    Meter Deposit Refund    $43.98
Torrington Office Supply    Supplies    $580.38
Underground Enterprises    Transfer Station Hauling Fee                $1,875.00
Valley Motor Supply    Supplies    $24.44
Verizon Wireless    PD & Ambulance Cell Phone                $325.42
Visionary Communications    Fire Dept. Misc. Internet            $92.74
WAM    Annual Convention Fees    $230.00
W.E.B.T.    Employee Life    $68.75
W.M.P.A.    Electrical Rate Study    $12,500.00
Walt’s Lathe & Machine    Equipment Repair/Supplies    $248.03
Ferguson WaterWorks    Water New Equipment    $1,690.08
Wyoming Dept. of AG    Consumer Health Lic. Renewal                $50.00
Wyoming Dept. Revenue    Wyoming Sales Tax     $4,943.71
Wyoming Dept. of Transportation    WY Motor Fuel License            $25.00
Wyoming Machinery    Streets Equipment Repair    $54.46
Wyoming Dept. of Workforce Services    Workers Comp            $2,016.59
Wyoming Retirement    Government Contribution    $12,848.15
Total Vouchers         $181,229.67
MANUAL CHECKS     May 2019    
Peterbilt of Wyoming     Purchase of Equipment    $18,500.00
WEBT    Life & Accident Insurance    $71.00
Barbara Cushman    Per Diem CPO Training Casper                $110.00
Cassandra Matney    Mileage & Per Diem    $190.40
Lusk Post Office    Utility Billing    $230.16
Motorola    Homeland Security    $8,233.14
Wyoming Department of Transportation    Transfer of License Plate        $2.00
Total        $27,336.70
COUNCIL MEMBER CARSTENSEN MOVED, COUNCIL MEMBER NELSON SECOND, to approve the list of vouchers as presented. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, COUNCIL MEMBER CARSTENSEN SECOND, to approve the Treasurer’s report that includes the financial condition and manual checks. MOTION CARRIED. The Treasurer’s report will be filed for audit.
COUNCIL MEMBER CARSTENSEN MOVED, COUNCIL MEMBER DOOPER SECOND, to approve the minutes of the Regular Council Meeting held May 7, 2019 and the Two Special Meetings held May 17, 2019. MOTION CARRIED.
Visitors:
Ed Tirado invited the Mayor, Council and First Responders to the 100th Anniversary of the American Legion Celebration to be held June 29th at the Fairgrounds. Mr. Tirado informed the Council that the Elks State Convention will be held in Lusk next year. He is requesting permission to have a golf tournament on Friday May 15th, 2020, which will be a 3-man scramble. COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve the Elks request for a Golf Tournament on May 15th, 2020. MOTION CARRIED.
Matt Larsen from Vistabeam gave the Council background information on the company and their future plans. Vistabeam is interested in the business park and gave information on why the business park would be the best place. They would have a local installer to service Niobrara County. There would be a temporary tower and billboard at some point. Vistabeam would build a building and put up a permanent tower at the same time. They would like to purchase a lot at the business park and work with the Town to make this possible. This would require the Town to change some of the covenants. The property would have to be put out for bids unless the Town can show that it is an economic benefit. Vistabeam would like to have a lease purchase agreement with the Town. COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to allow changes to the language in the covenants for Vistabeam lease/purchase and a Resolution to show economic feasibility. MOTION CARRIED.
The department heads gave updates on their respective departments:
Barbara Cushman said that Life Guard Training will be Monday and Tuesday June 10th & 11th and the pool is projected to open June 12th.
Cory Wilcox Ambulance Director reported that Monica Wilcox and Patricia Miller are now registered EMT Intermediate and gave information on the amount of calls for the month of May.
Bruce Himes gave the Council information on the alley resurface that will take place starting next week.
Chief Krein informed the Council on the department’s calls for the month and they are starting on the clean-up letters for the Town. They are finishing up some training, started a sexual assault team, and focusing on patrolling.
Doug Jergensen Animal Control stated that the tree planting landscape project is complete at the Animal Shelter and he is looking for volunteers to help at the shelter.
Chief Krein also informed the Council that the School District approved their side of the funding for a School Resource Officer and a conditional offer of employment was made to Mr. Stream to fill that position. The camera system for the schools was denied by Homeland Security, so they will be looking for other options.
Todd Skrukrud reported that the shed is complete at the Golf Course. They attempted to put up the signs and billboards at the Golf Course, but it was too muddy. There is no new information on the tank property with Anderson Survey, but he has been in touch with WYDOT. We received bids for the curb stripping for the 15th of June, and the Town is going with the low bid. Paul Swartz gave the Town a price on the bridge that needs to be replaced on Northside Park. The bid is $13,000.00 and the pipe for the bridge will cost approximately $800.00. This will be a five week project. COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to use Community Gas money and FEMA money that is left for the project, and to approve Paul Swartz to build the bridge for Northside Park. MOTION CARRIED.
Public Comment:
Mayor Lytle presented the 2019 – 2020 on third reading. Revenues are $5,753,947.00, expenditures $5,753,947.00. Mayor Lytle asked for public comment on the proposed budget. Attorney Meier asked about the Capital Budget, if that would be separate? Linda stated that it would be separate from the fiscal year budget. There were no further comments.
Mayor Lytle asked for public comment on each of the Ordinances on third reading.
Ordinance No. 6-5-190, An Ordinance Amending Existing Ordinance 6-5-190 to Include a Subsection (E) Prohibiting Use of Engine 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. There was no public comment.
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. There was no public comment.

Ordinance No. 9-5-100, An Ordinance Amending Existing Ordinance 9-5-100 by Adding a Definition for “Nuisance” Relating to Animals Activities. There was no public comment.
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. There was no public comment.
Ordinance No. 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. Leslie Hammond commented that the device used to walk a dog is only as good as the owner and that electronic control or voice command can work as good as a leash. She also stated that it is a matter of opinion. Ann Baggett stated that she disagrees with Mrs. Hammond, that there needs to be a leash law and owners need to pick up after their dogs. She said that if you can’t control your dog with a leash, you can’t control the dog with other things and a leash law needs to be enforced. Council Member Dooper stated that he disagrees with the whole leash law. Council Member Dooper also asked if the law was going to be enforced. Chief Krein commented that Law Enforcement can’t see everything and it is easier to enforce a dog at large with a leash law. Officer Gordon added that a dog in a public area is sighting another issue and owners need to have more control. Mayor Lytle stated that the Police need to have something they can enforce. Attorney Meier stated that the current ordinance states that when the dog is away from the premises it needs to be on a leash. There were several more comments on this ordinance.
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 of Danger to the Public. There was no public comment.
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.
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. There was no public comment.
Old Business:
COUNCIL MEMBER BLACKBURN MOVED, COUNCIL MEMBER CARSTENSEN SECOND, to approve the 2019 – 2020 budget with Revenues of $5,753,947 and Expenditures of $5,573,947 on third reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Ordinance No. 6-5-190, An Ordinance Amending Existing Ordinance 6-5-190 to Include a Subsection (E) Prohibiting Use of Engine 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 third reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, 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 of Disease on third reading. MOTION CARRIED.
COUNCIL MEMBER DOOPER 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 Animals Activities, on third reading. MOTION CARRIED.
COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, 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 third reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Ordinance No. 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 third reading.
Discussion: Mayor Lytle stated that from his stand point that on electronic device or leash he feels the dog is going to do what it wants to do. Council Member Dooper stated that he is against the leash law for the other facts, but whether this passes or doesn’t then you enforce the heck out of everything else. Mayor Lytle stated that the Town has a current leash law and if this amendment does not pass it will revert back to the original ordinance. To the current amendment added was held and attached, and the two previous reading had electronic device which was removed. Mayor Lytle stated that if they want the ordinance to be changed on third reading it could be or it could be tabled. Council Member Nelson stated that he is against electronic devices and that the Town should go back to the original ordinance. Mayor Lytle stated that the amended ordinance adds clarification. Council Member Blackburn stated that they should vote. COUNCIL MEMBERS BLACKBURN AND CARSTENSEN VOTED AYE, COUNCIL MEMBERS NELSON AND DOOPER VOTED NAY. MAYOR LYTLE VOTED NAY TO BREAK THE TIE. MOTION FAILED.
COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, 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 of Danger to the Public, on third reading. MOTION CARRIED.
COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, 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 third reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN 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 third reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, to approve Ordinance No. 12-25-120, An Ordinance Amending Existing Ordinance 12-25-120 by Adding Daily and Weekly Itinerant Merchant Permit Fees; Providing for Special Event permits and Requiring Permits to be Displayed, on second reading. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve the WAM Annual Convention Resolutions as presented. MOTION CARRIED.

Mayor Lytle gave background information on the Pre-Engineering report required for the Water/Sewer/Streets/Curb & Gutter replacement project. COUNCIL MEMBER CARSTENSEN MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to move forward with the Pre-Engineering Report for infrastructure replacement project. MOTION CARRIED.
New Business:
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, to approve the Renewal of Livestock Permit for Royce Thompson, Cloe, and Ryder. MOTION CARRIED.
COUNCIL MEMBER DOOPER requested that the Council approve the four open container permits at the same time. COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve the Open Container Permits for the EMS Benefit Committee, Niobrara Electric Association, Legend of the Rawhide Parade and the Recreation Department Adult Softball. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER CARSTENSEN, to approve Resolution No. 19-4, A Resolution Authorizing and Directing the Mayor and Town Clerk of the Town of Lusk to Execute, on Behalf of the Town, that Certain “Communication/911/Dispatch Services Operations Agreement”. MOTION CARRIED.
COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER NELSON, to approve Resolution No. 19-5, A Resolution to Transfer Funds from One General Ledger Account to Another. MOTION CARRIED.
Scotty Freeouf representing the Niobrara Country Club presented the List of Tournaments to be played during the golfing season. COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve the Niobrara Country Club Tournament dates as presented. MOTION CARRIED.
Scotty Freeouf on behalf of Rich and Deb Murray requested for the fees be waived for the current high school golf team members, which would not include the team members who have graduated. COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, to waive the fees for the returning high school golf team members at the Golf Course. MOTION CARRIED.
The next meeting will be a special meeting on Friday June 14th, 2019 at 1:00 p.m. to hear the third reading for Ordinance No. 12-25-120 and the next regular meeting will be Tuesday July 2, 2019 at 5:00 p.m.
There being no further business to come before the Council, the meeting was adjourned at 7:15 p.m.
TOWN OF LUSK, WYOMING
Douglas E. Lytle, Mayor
ATTEST:
Linda M. Frye, Clerk/Treasurer
Public Notice No. 5275. Published in The Lusk Herald on June 12, 2019

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