Public Notice No. 1695


Public Notice No. 1695

July 18, 2017
Town of Guernsey
Regular Meeting
Platte County, Wyoming

Present: CM Harris, Mayor Delgado, CM Kelley, CM Whitworth, CM Martinez

Staff: K. Farmer, M. Allred, K. Scherger, B. Heimbuck, D. McGuire, T. Stoneking, W. Martin, M. Evans, B. Roth, R. Mote, M. Klatt, C. Morgan, D. Morgan, C. Olson, Z. Boelinger, M. Montgomery, M. Fronapfel , E. Nelson, T. Hohnholt

Guests: Kit Armour, Lt. Col. Patton, Rose Martinez, Zayden Martinez, Joe Michaels, Ray VanNatter, Carolyn Cannon, Beverly Spungin, Becky Mikel, Sheila Oliver, Sally Eustace, Lori Morgan, Kelly Augustine

Mayor Delgado called the meeting to order at 6:00 pm. The assembly joined in the Pledge of Allegiance and was welcomed to the meeting.

Agenda: CM Whitworth moved to approve the agenda, seconded by CM Kelley. Vote taken and motion carried with 5 ayes.

Minutes: CM Harris moved to approve the minutes as presented, seconded by CM Whitworth. Vote taken and motion carried with 5 ayes.

Consideration of Claims: Mayor Delgado presented the vouchers to approval. CM Martinez moved to approve the Considerations of Claims in the amount of $96,652.43, seconded by CM Kelley. Vote taken and motion carried with 5 ayes. Vouchers follow in entirety: Allred - 2250.00, Bluffs Sanitary - 339.40, Caselle - 570.00, CenturyLink - 2044.45, Delgado - 118.77, Guernsey Economic - 89.79, Guernsey Gazette - 1462.59, Harris - 484.00, Heimbuck - 13.82, Itron - 2389.93, Johnson - 261.50, Martin - 600.00, Martin - 156.75, Masek Golf - 28.11, Northern Tool - 29.76, Pioneer Research - 762.09, Platte County Asphalt - 364.26, Preventive Health - 80.00, Sam's - 3200.23, Scherger - 156.75, Scissors Ranch - 80.00, Spic & Span - 405.00, Steve Coon Construction - 10620.00, Stoneking - 156.75, Stotz - 23.77, Syncb - 143.73, Torrington Beverage - 565.20, USPS - 23.75, WAM - 1460.31, Wheatland REA - 35.74, WMPA - 3281.43, WRS - 180.00, Wyrulec - 354.96, Payroll - 48422.30, Taxes & Benefits - 15497.29, Total Vouchers - 96,652.43.

Ordinance 2017-005 Third & Final Reading – Nuisance Dogs: CM Whitworth moved to approve Ordinance 2017-005 – Nuisance Dog on third & final reading, seconded by CM Martinez. Vote taken and motion carried with 5 ayes. Ordinance follows in entirety: AN ORDINANCE AMENDING ORDINANCE No. 08-07-005 ANIMAL CONTROL, PROVIDING A DEFINITION OF A NUISANCE DOG AND PROHIBITING NUISANCE DOGS WITHIN THE TOWN OF GUERNSEY. BE IT ORDAINED BY THE TOWN OF GUERNSEY, WYOMING:

Ordinance No. 2017-005 is hereby enacted as follows:

SECTION 1:   Definitions
NUISANCE DOG:

Any dog causing undue annoyance or disturbance to any person or persons by frequent and/or habitual howling, yelping, barking, or other disturbing noises or aggressive behavior.

SECTION 2:   Nuisance Dog

  1. It shall be unlawful for an owner, person in charge of, or keeper of, to allow or permit such dog to exhibit the behavior of a nuisance dog.
  2. Penalty: The violation of this section by any person(s) is hereby declared to be a misdemeanor.

First Conviction: Such person(s) shall be fined a sum not less than one fifty dollars ($50.00), plus court costs.

Second Offence: Such person(s) shall be given a Must Appear citation and if convicted shall be fined any sum not to exceed seven hundred and fifty dollars ($750.00), plus court costs.

Third Offence: Such person(s) shall be given a Must Appear Citation and if convicted shall be fined any sum not to exceed seven hundred fifty dollars ($750.00), plus court costs.

SECTION 3:   Impoundment

            Duty to Impound: It shall be the duty of the animal control officer of the town to apprehend any dog found by them to be in violation of any section within this ordinance, if deemed necessary to enforce the provisions herein.

SECTION 4:   Hindering Enforcement Officers

            Any person who shall hinder any animal control officer in the discharge of their duties as provided in this article shall be deemed guilty of a misdemeanor and shall be fined any sum not to exceed two hundred dollars ($200.00), plus court costs.

SECTION 5:   REPEALER CLAUSE           

            All other ordinances, resolutions or by-laws, or parts of any ordinances, resolutions or by-laws in conflict with this ordinance are hereby repealed.

SECTION 6:   SEVERABILITY

            If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such part shall not affect any of the remaining provisions of this ordinance.

SECTION 7:   EFFECTIVE DATE

            This ordinance shall be in full force and effect from and after its passage, approval and publication.

Passed and approved this 6th day of June, 2017 on first reading.
Passed and approved this 20th day of June, 2017 on second reading.
Passed and approved this 6th day of July, 2017 on third and final reading.

Ordinance 2017-006 Third & Final Reading – Animal at Large: CM Kelley moved to approve Ordinance 2017-006 – Animal At Large on third and final reading, seconded by CM Whitworth. Vote taken and motion carried with 5 ayes. Ordinance follows in entirety: AN ORDINANCE AMENDING ORDINANCE No. (1987 CODE § 4-5) ANIMAL CONTROL, ANIMAL AT LARGE, WITHIN THE TOWN OF GUERNSEY. BE IT ORDAINED BY THE TOWN OF GUERNSEY, WYOMING:

Ordinance No. 2017-006 is hereby enacted as follows:  

SECTION 1:   Definitions

ANIMAL AT LARGE;

Any animal off the premises of the owner , and or being at places other than under the physical control of the owner.

SECTION 2:  

  1. It shall be unlawful for an owner or keeper of an animal ie. dog, Cat, Foul or any other type to allow or permit such animal to be out of their physical control while out of the day to day housing, pen or kennel where it is kept. Nor shall any animal be permitted to be at large.
  2. Penalty: The violation of this section by any person in charge of, and or the owner(present or not) is hereby declared to be a misdemeanor.

First Offence: Such person(s) if convicted shall be fined a sum not less than one hundred dollars ($100.00), plus court costs.

Second Offence: Such person(s) shall be given a Must Appear citation and if convicted shall be fined any sum not to exceed seven hundred and fifty dollars ($750.00), plus court costs.

Third Offence: Such person(s) shall be given a Must Appear Citation and if convicted shall be fined any sum not to exceed seven hundred fifty dollars ($750.00), plus court costs.

SECTION 3:   Impoundment

            Duty to Impound: It shall be the duty of the animal control officer of the town to apprehend any dog found by them to be in violation of any section within this ordinance, if deemed necessary to enforce the provisions herein.

SECTION 4:   Hindering Enforcement Officers

            Any person who shall hinder any animal control officer in the discharge of their duties as provided in this article shall be deemed guilty of a misdemeanor and shall be fined any sum not to exceed two hundred dollars ($200.00), plus court costs.

SECTION 5:   REPEALER CLAUSE           

            All other ordinances, resolutions or by-laws, or parts of any ordinances, resolutions or by-laws in conflict with this ordinance are hereby repealed.

SECTION 6:   SEVERABILITY

            If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such part shall not affect any of the remaining provisions of this ordinance.

SECTION 7:   EFFECTIVE DATE

            This ordinance shall be in full force and effect from and after its passage, approval and publication.

Passed and approved this 6th day of June, 2017 on first reading.
Passed and approved this 20th day of June, 2017 on second reading.
Passed and approved this 6th day of July, 2017 on third reading.

Ordinance 2017-007 Second Reading – Declaration of a Nuisance: CM Harris moved to approve Ordinance 2017-006 on third and final Reading, seconded by CM Kelley. Vote taken and motion carried with 4 ayes. Ordinance follows in title only: AN ORDINANCE AMENDING ORDINANCE No. 02-10-003, 1-2-2002 DECLARATION OF A NUISANCE; WRITTEN NOTICE. BE IT ORDAINED BY THE TOWN OF GUERNSEY, WYOMING:

Ordinance No. 2017-007 is hereby enacted as follows:

SECTION 3-1-1:        NUISANCES

                        CERTAIN CONDITIONS DECLARED NUISANCE: The following conditions upon lands within the Town Limits of The Town of Guernsey are hereby declared to be public nuisances: "wastes", "garbage and trash", "junk", "weeds", "grasses", "obstructions", and abandoned vehicles" as described in section 3-1-2 of this chapter. (Ord. 02-10-003, 1-2-2002)

SECTION 3-1-5:        COMPLAINT; WRITTEN NOTICE: The owner and or occupant of any            premises shall be liable for compliance with this chapter, and if such person shall disregard or refuse to comply with the provisions of this chapter, within (5) five days of the receipt of such notice requiring the removal of the offending item(S) shall be considered in violation of this chapter and issued a citation in accordance with section 3-1-6 of this chapter.

SECTION 3-1-6:        CITATION: In the event the owner, agent or occupant fails to comply with the written notice within (5) five days, or if the owner, agent or occupant receives a second written notice for the same or similar offence as specified in section 3-1-5 of this chapter within any three hundred sixty five (365) day period, the owner, agent or occupant shall be charged with violating this chapter by issuance of a citation for a Misdemeanor and penalty of not less than one hundred dollars ($100.00) plus court costs as set forth in section 3-1-8 of this chapter.

            EFFECTIVE DATE:

            This ordinance shall be in full force and effect from and after its passage, approval and publication.

Passed and approved this 20th day of June, 2017 on first reading.
Passed and approved this 6th day of July, 2017 on second reading.
Passed and approved this 18th day of July, 2017 on third and final reading.

Pamela McClure - Water Issue: Greg Martinez suggested charging Pamela her normal water usage of 50,000 gallons. The plumber couldn't find a leak and there were no signs of a leak on the towns side.

Malt Beverage Permit - Party in the Park: CM Kelley moved to approve the Malt Beverage Permit for Guernsey Economic Development's Party in the Park on July 27, 2017 from 6 pm to 10 pm in Gordon Davis Park, seconded by CM Martinez. Vote taken and motion carried with 5 ayes.

Open Container Permit - Street Dance: CM Martinez moved to approve Ben's Bar and Kelley's Bar Open Container Permits from August 19, 2017 from 6 pm to 2 am on Wyoming Street between Ben's and Kelley's in a roped off area, seconded by CM Whitworth. Vote taken and motion carried with 5 ayes.

Ray VanNatter - Land Purchase: Ray VanNatter gave the Council a map of some town property next to the river. He asked the Council to review it for consideration of sale to him and his family to purchase and build a house on. No action was taken.

Walker's Under Bridge Acceptance: CM Whitworth moved to approve Steve Coon Constructions bid of $70,345.30 with the approval of the contractor through WyDot, seconded by CM Kelley. Vote taken and motion carried with 5 ayes.

Public Comments: Becky Mikel spoke to the Council about swimming at the pool early in the season at morning lap. A guard brought out an electric heater to sit next to them, poolside, to lifeguard. She also stated that lifeguards need to wear their uniform so patrons know who is on duty. Sally Eustace spoke about taking her grandson to the Baseball end of season pool party. Her grandson was held under the water and she was yelling at the guard and they didn't seem to notice her yelling or her grandson being held under. There were some other issues and the guard did bench the children that were causing the issues. But Sally's grandson has not been back to the pool since. Rose Martinez said that children entered the pool at 12:50 pm without any lifeguards on deck. She stayed out for 5 minutes before a lifeguard came out to their station. She feels like the lifeguards did a good job with the rowdy kids that day as well. Liesel Sisson has observed many occasions of people in the pool and no lifeguards on deck during lap swim and open swim. No ropes up that designated different depth areas of the pool and are there to keep patrons safe. During this time there were ample guards in the break room to have the deck staffed. She has noticed guards in street clothes instead of uniforms. Tammy Hohnholt would like to have the rules followed that are posted in the pool. Reports are being made when there is an injury. Ellen Nelson said that there are lifeguards sitting with their backs to bathers. A minimum of 3 guards need to be on deck to adequately see all bathers. She doesn't feel comfortable leaving her child at the pool if the ropes are not up. She also spoke of an issue with bird poop on the deck. The lifeguards said the hose was too short. She also heard a lifeguard call a young bather fat and when the bather retaliated, they were kicked out for the day. Some other bathers stuck up for the bather that was harassed and they were also kicked out. Sheila Oliver is concerned about safety and the professionalism at the pool. Joe Michaels took his grandson's to the pool and had 3 guards on duty and thought the guards were doing a good job. He noticed that some of the parents were not watching their children. Kit Armour spoke about the community mixer at Pizza Hut on July 20th from 5-7. The Eclipse meetings have been going well and we have lots of alternative lodging available in the county. She has ad's placed to encourage Eclipse visitors to come early and stay to take in all the we have to offer. Carolyn Cannon asked the council is she could cover her back yard in a large camouflage cover. They said she could. Kelly Augustine asked if the Town will be policing the river. Game and Fish are in charge of the river. Kelly will be renting tubes and shuttling them between the entrance and exit landings on the river.

Department Reports: Chief McGuire reported 385 calls for service for the month of June. The new officers keep improving. Mike Mindieta reported a few dry areas in the parks, golf course and cemetery. He is doing hand watering in these dry areas. The course received lots of compliments during the Kelley's Golf tournament. Bruce Heimbuck asked the Council to accept the bid from Western Research and Development for $13,051.00 if the scope of work is accepted, seconded by CM Kelley. Vote taken and motion carried with 5 ayes. Kate Farmer reported that the health inspector had been at the Golf Course and the Pool. Both places passed health inspection. There were some recommendations made and they will be taken care of immediately.

Mayor & Council Reports: N/A

Announcements: BFG Movie in the Park – 7/21, Farmer's Market - 7/22, Timberline @ Party in the Park – 7/27, Finding Dory Movie in the Park - 8/4, Special Meeting for RV Parking & Rodeo Grounds – 8/8 @ 6pm, New Wave Time Machine Concert in the Park - 8/10, Pete's Dragon Movie in the Park - 8/18, Duck Daze, Farmer's Market, Brew Fest, Street Dance - 8/19, Great American Eclipse - 8/21.

Executive Session: CM Kelley moved to go into Executive Session to discuss personnel issues after a short break, seconded by CM Harris. Vote taken and motion carried with 5 ayes. The Council reconvened into regular session at 8:36 pm with no decisions being made.

Adjournment: With no further business to come before the Council, Mayor Delgado called for a motion to adjourn. CM Harris moved to adjourn the meeting at 8:38 pm, seconded by CM Martinez. Vote taken and motion carried with 5 ayes.

 Attest:                                                                                               

____                                               

                                                                                                Edward Delgado, Mayor

                                                           

Kate Farmer, Clerk/Treasurer

Public Notice No. 1695. To be published in the Guernsey Gazette on August 1, 2017