Public Notice No. 5698


MINUTES OF THE REGULAR COUNCIL MEETING

TOWN OF LUSK

DECEMBER 7, 2021 5:26 P.M.

The Town Council of the Town of Lusk met in regular session at 5:26 p.m. in the Council Chambers of Town Hall on Tuesday December 7, 2021.

Council Members Present: Mayor Doug Lytle, Council Members Becky Blackburn, Tom Dooper, and Dean Nelson

Also Present: Linda Frye, Clerk/Treasurer

Desirae Matthews-LeLeux, Deputy Clerk/Treasurer 

Todd Skrukrud, Director of Public Works 

Attorney Dennis Meier

Royce Thompson, Electric Superintendent/Airport 

Manager

MAYOR LYTLE called the meeting to order at 5:26 p.m.

Dennis Meier led everyone in the Pledge of Allegiance.  

COUNCIL MEMBER BLACKBURN MOVED, to approve the agenda, second by COUNCIL MEMBER DOOPER. MOTION CARRIED. 

VOUCHERS FOR PAYMENT

AFLAC Payroll Deduction $764.72

Allbright’s True Value Supplies $542.80

ALSCO/American Linen Mat Rental $168.76

Ashurst, Alexis Rec. Dept. Reimbursement $50.00

AVI PC Engineering Inc. Engineering Fees $138,131.27

BankCard Center 0344

Supplies/Subscriptions/Training/Postage $501.86

BankCard Center 4359

New Equipment/Training/Fees/Ammunition $1,857.08

BankCard Center 4389 Membership Dues $400.00

Bannan, Carrie & Chad Rec. Dept. Reimbursement $50.00

Barndt, Brittany Rec. Dept. Reimbursement $50.00

Bauerkemper’s Inc. New Equipment/Vehicle Repairs $110.24

Bellwood Tree Service Tree Removal $4,350.00

Black Hills Energy Gas Service $809.92

Bloomers, LLC Public Relations Misc. $71.95

BoardTronics, Inc. Irrigation Repairs $1,157.24

Body Builders Body Shop Vehicle Repairs $180.27

Border State Industries Parts and Supplies $4,425.91

Brott, Nolan & Lacey Rec. Dept. Reimbursement $100.00

Caselle Inc. Office Support & Maintenance $1,100.00

CenturyLink Phones/Internet $1,368.13

Clark, Levi & Ashley Rec. Dept. Reimbursement $50.00

Communication Technologies Siren Testing $301.50

Connecting Point Copier Lease $100.00

Doyle J. Davies Municipal Judge $1,116.00

Decker’s Food Center Supplies $55.17

Delta Dental Plan Employee Paid Insurance $895.65

Durham, Lacey Rec. Dept. Reimbursement $50.00

Energy Lab. Inc. Water Samples $47.00

Fair Manufacturing Inc. Equipment Repairs $1,782.00

Fairbanks Scales, Inc. Maintenance and Repairs $784.50

Ferguson Waterworks Maintenance and Repairs $1,296.16

Fife, Michelle Rec. Dept. Reimbursement $50.00

Filener, Chantry New Equipment $80.70

Franks Parts Company Parts/Supplies $2,063.67

Great American Financial Services

Copier Lease $311.00

Great West Trust Co WRS 457 Plan Deferred $200.00

Heartland Embroidery Rec. Dept. Uniforms $1,746.00

Hester, Jenny Rec. Dept. Reimbursement $50.00

Heth, Heather Rec. Dept. Reimbursement $100.00

Hodge, TJ & Erin Rec. Dept. Reimbursement $50.00

Hometown Country Uniforms $673.00

Hubbard, Jason & Andie Rec. Dept. Reimbursement $50.00

Ideal Linen/Bluffs Supplies $70.99

J P Cooke Company Animal License $88.85

Jergenson, Doug Monthly Wage Animal Control $1,400.00

Jerry’s Electric Line Upgrade $8,475.00

KGOS-AM/KERM-FM Public Relations Misc. $90.00

Kraft, Larree Ann Rec. Dept. Reimbursement $50.00

Lumen Phone, Long Distance $22.86

Lusk Herald Legal Advertising/Directory/Ad. $2,123.73

Lusk Lodging Tax Board Tax Distribution $5,381.17

M.C. Schaff & Associates, Inc. Airport Improvement Project $15,783.24

Mackey, Jim Utility Deposit Refund $30.73

Marc Parts and Supplies $705.14

Matheson Tri-Gas Inc. Ambulance Supplies $96.85

Meier Building Rent $800.00

Meier Law Office Monthly Retainer $3,000.00

Midland Implement Co. New Equipment/Equipment Repairs $1,379.00

Niobrara Chamber of Commerce Promotion $187.50

Niobrara County Library Internet Service $250.00

Niobrara County Treasurer Communications Contract $6,301.50

Niobrara Electric Assoc. Utilities $42.41

Northwest Pipe Fittings of Rapid City

Parts and Supplies $1,746.40

Oftedal Construction Inc. Phase I Payment #4 $1,772,325.20

One-Call of Wyoming Tickets $60.00

Owren, Jay Fuel Reimbursement $28.24

Petty Cash

Postage/Medical Billing/Supplies/Dues/Misc. $197.04

Pitney Bowes Purchase Power Postage $520.99

Prairie Spray Service Weed Spraying $1,043.00

R&R Products Inc. Parts and Supplies $79.75

Rawhide Drug Co. Office Supplies $2.00

Safety-Kleen Systems Supplies $398.00

Sinclair, Pine Bluffs Airport Fuel Service Charge $59.48

Stream, Christa Rec. Dept. Reimbursement $50.00

TDS Trash Collection Tipping Fees Transfer Station $4,988.25

Torrington Office Supplies Office Supplies $39.99

Underground Enterprises Transfer Station Haul $1,800.00

Valley Motor Supply Parts/Supplies $77.22

Visionary Communications Inc. Internet Service $253.44

W.E.B.T. Employee Life Insurance $69.75

W.M.P.A. Electrical Power Purchase $89,049.85

Western Medical Mgmt. Medical Billing $1,146.65

Whitaker Oil, Inc. Fuel & Oil $5,462.35

WY Assoc. of Rural Water System

Membership and Conference $619.00

WY Dept. of Revenue WY Sales Tax $5,567.11

WY Dept. of Workforce Services

Worker’s Compensation $1,978.24

Wyoming Retirement Government Contribution $15,906.05

Yeager, Jessica Rec. Dept. Reimbursement $50.00

Total Vouchers $2,117,839.47

MANUAL CHECKS 

November 2021

Clerk of District Court Garnishment, Writ of Assignment $348.56

WY Child Support Garnishment, Writ of Assignment $184.61

Aiden Applegarth Rec. Dept. Referee $30.00

Miles Ashurst Rec. Dept. Referee $30.00

Ridge Kupke Rec. Dept. Referee $30.00

Pete Kruse Per Diem $19.00

Rory Norberg Per Diem $19.00

Royce Thompson Per Diem $19.00

Postmaster Utility Billing $285.25

Clerk of District Court Garnishment, Writ of Assignment $348.56

WY Child Support Garnishment, Writ of Assignment $184.61

Niobrara Co. Clerk Title $15.00

Rebecca Blackburn Replaces Check #30066 $69.26

Kaela Lundstrom Replaces 

Checks #29820,29841,29875,30095 $110.80

Tyler Stream Replaces Check #42749 $40.00

Candance Black Replaces Check #43220 $32.15

Bo Krein Mileage & Fuel $125.00

WY Dept. of Transportation Transfer of Plate $2.00

Total $1,892.80

COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve the list of vouchers as presented. MOTION CARRIED.

COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve the Treasurers Report, Financial Condition and Manual Checks. The report will be filed for audit. MOTION CARRIED.

COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER NELSON, to approve the minutes of the regular Council meeting on November 2, 2021. MOTION CARRIED.

Visitors:

Matt Larsen and Matt Silverman from Vistabeam gave the Council an update on what is happening since they came to Lusk. Mr. Larsen stated that everything is progressing well. They approached the Council about a potiential partnership for fiber optics in the Town. Mr. Larsen informed everyone on the future progress of Vistabeam. They would like to know the Town’s needs and use the right-aways. Mayor Lytle remarked that there needs to be some agreement with the Town and to work with Todd, Dennis Meier, and the Engineers.

Connie Starkey from Silver Dollar Bar gave the Council Members a proposal to allow minors in the bar to eat. She stated that it is a very rough draft. They would like the Council to designate an area for the dispensing area, hours, and allow people under 18 years old to sit with Adults for eating and 18 years of age and over to eat by their self. COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to have a work session to work out details and restrictions to change Town Ordinance to allow minors in bars to eat. MOTION CARRIED.

Department Updates: 

Royce stated that they worked on the sign at the Business Park and changed out the lighting. A transformer change out at the hospital was necessary and has been completed. There have been some broken windows at the old light plant due to vandalism. 

Linda reported on the 1% specific purpose tax that the Town has received. The total to date is $234,913.95 which includes interest. Desirae informed the Council that the Town has signed a contract with Express Bill Pay to allow customers to pay their bill online starting sometime in January.

Todd Skrukrud Director of Public Works informed the Council that the Christmas decorations are up, the new snow box is in, and the infrastructure project is working on getting driveways done.  

Old Business:

COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, to approve Ordinance No. 2-40-100, An Ordinance Granting a Franchise to Visionary Communications, Inc. on Behalf of Itself and Its Operating Affiliates (“Visionary”) to Operate and Maintain a Telecommunications system (“System” or “The System”) in the Town of Lusk, Wyoming (“Town” or “The Town”), on Third Reading . Stacie McDonald from Visionary was at the meeting to inform the Council about the changes to the agreement made by their Attorney. Town Attorney Meier stated that the change was to section 12.6. It states, “provided that the conduit is able to be utilized for communications for a lesser capital expenditure than Visionary placing their own conduit. If Visionary can provide an underground path along the same route for a lesser capital expenditure than Visionary placing their own conduit”. Mayor Lytle stated that he did not want to see areas of the Town torn up when we are replacing areas with the infrastructure project. Section 12.5 states “If, during work on its Facilities, Visionary causes damage to or alters the Rights-of-Way of other public property, Visionary shall replace and restore such Rights-of-Way or public property at Visionary’s sole cost and expense to a condition reasonable comparable to the condition that existed immediately prior to such damage of alteration”. Attorney Meier drafted a new Ordinance with the change. Matt Larsen from Vistabeam made a couple of comments on the situation. There is a pole lease included in the Ordinance. Royce Thompson stated that the issue may be space on poles. There was further discussion on the particulars of pole use and agreements with companies. MAYOR LYTLE, COUNCIL MEMBERS BLACKBURN AND DOOPER VOTED AYE. COUNCIL MEMBER NELSON VOTED NAY. MOTION CARRIED. 

COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve the zoning change proposed by Dean Nelson changing from General Industrial to Limited Industrial to not allow junk yards in the area. Mayor Lytle reviewed what the property owners in the area said and stated that if 20% of the landowners in the area disagreed with the proposal, it would come to a vote of the Council. Mayor Lytle voiced his opinion on the change. COUNCIL MEMBER NELSON VOTE AYE, COUNCIL MEMBERS BLACKBURN AND DOOPER VOTED NAY, MAYOR LYTLE ABSTAINED FROM VOTING. MOTION DIED.

New Business:

Mayor Lytle requested that the Council approve Chantry Filener to fill the Council seat vacated by Calvin Carstensen. COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve the appointment of Chantry Filener for the vacant Council seat. MOTION CARRIED. Town Attorney sworn in Chantry Filener.

COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve Wyoming Bankers Association to reserve the Lusk Municipal Golf Course on Tuesday May 10th, 2022 starting at noon for the Ag Bankers Conference golf tournament. MOTION CARRIED.

COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, to approve the Airport Hangar Lease Renewal for Travis Bruegger. MOTION CARRIED. 

Mayor Lytle informed everyone that Linda & Clint Broyles d/b/a Linda’s Cookhouse LLC d/b/a Rough n Refined, Bar and Grill Liquor License #2, 120 E. Third Street, Lusk OT BLK 13 Lot 14 in the Town of Lusk, Niobrara County, Wyoming. The Council asked Broyles why they were applying for the Bar and Grill License instead of a Restaurant License. Linda Broyles stated that either would work for them. Mayor Lytle stated that they need to have a current food license for the location as well. COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER NELSON, to approve the Bar and Grill License for Linda and Clint Broyles pending the approval of a food license. MOTION CARRIED.

COUNCIL MEMBER NELSON MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve Resolution No. 21-10, A Resolution Authoring and Directing the Town Clerk/Treasurer to Draw Town Reserve Funds for Timely Payment of Contractor Vouchers. MOTION CARRIED.

COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER FILENER, to approve Employee Bonus’s for Full-time and Part-time personnel and to be the same as last year. MOTION CARRIED.

COUNCIL MEMBER DOOPER MOVED, SECOND BY COUNCIL MEMBER BLACKBURN, to approve Resolution No. 21-11, A Resolution Providing for the Appointment of a Director to the Wyoming Municipal Power Agency from the Town of Lusk, and the Governing Body of the Town of Lusk, Wyoming, that Royce Thompson will serve as the representative for the Town of Lusk on the Board of Directors of the Wyoming Municipal Power Agency for a term of three years; that being February 2022 through February 2025. MOTION CARRIED.

COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, to approve the Airport Hangar Lease for Leonard Pullis at the new Hangar Terminal Building stated as Hangar #4. MOTION CARRIED.

COUNCIL MEMBER BLACKBURN MOVED, SECOND BY COUNCIL MEMBER DOOPER, to move into executive session for personnel matters at 6:40 p.m. MOTION CARRIED.

The reconvened into regular session at 7:30 p.m. 

The next regular Council meeting will be Tuesday January 4, 2022 at 5:00 p.m. 

There being no further business to come before the Council, the meeting was adjourned 

at 7:30 p.m.

Douglas E. Lytle, Mayor 

ATTEST:

_________________________

Linda M. Frye, Clerk/Treasurer

Public Notice No. 5698. Published in The Lusk Herald on December 15, 2021.

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