Public Notice No. 1851


March 17, 2020
Town of Guernsey
Regular Meeting
Platte County, Wyoming

Present: Mayor Paustian, CM Kelley, CM Whitworth, CM Harris, CM Augustyn
Staff: K. Farmer, Town Attorney Lent, Officer Smith, L. Bryant, M. Allred, Judge Conner,
Guests: Danielle Noggle, Lori Ibarra, Mistina & Shaunta Smith, Christa Bartel, Patrick & Corrin Noggle
Mayor Paustian 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 Kelley moved to approve the agenda as written, seconded by CM Harris. A vote was taken, and the motion carried with 5 ayes.
Minutes: CM Augustyn moved to approve the regular minutes for March 3, 2020, seconded by CM Kelley. A vote was taken, and the motion carried with 5 ayes.
Consideration of Claims: Mayor Paustian presented the vouchers for approval. CM Whitworth moved to approve the Considerations of Claims in the amount of $160,496.41, seconded by CM Augustyn. A vote was taken, and the motion carried with 5 ayes. Vouchers follow in entirety: A & M Electric – 209.82, Airgas USA, LLC – 674.23, Airnav, LLC – 55.00, Bob Ruwart Motors – 135.77, Border States Industries Inc – 11935.00, Bryant – 80.00, Burnitt – 63.25, Capital Business Systems – 742.97, Caselle – 570.00, Dell Marketing – 4711.19, Electro-Test & Maint. – 430.00, Frank Parts Company – 235.12, Guernsey Gazette – 3902.40, Ideal Linen – 255.60, JAB Arms – 1000.00, Montgomery – 1000.00, Montgomery – 39.60, Sam’s Club – 907.26, Smith Broadcasting – 100.00, Syncb/Amazon – 410.33, Team Laboratory Chemical – 847.50, Vistabeam – 369.60, Wheatland REA – 36.27, Wright Express – 2291.37, WMPA – 94771.14, Wyoming Public Health Lab – 8.00, WRS – 195.00, Wyrulec – 1097.02, Zero Waste USA – 39.98, Payroll – 26,328.65, Taxes & Benefits – 7054.34, Total Vouchers – $160,496.41.
Swimming Pool Proposal – Tri-City Parks & Recreation: CM Augustyn moved to approve Tri-City Parks and Rec’s proposal with the changes requested, seconded by CM Kelley. Vote taken and motion carried with 5 ayes.
Ordinance 2020-001 – Tobacco Amendment – 3rd and Final Reading: CM Whitworth moved to approve the 2020-001 Tobacco Ordinance amendment on third and final reading, seconded by CM Harris. Vote taken and motion carried with 5 ayes. Ordinance follows in its entirety: AN ORDINANCE AMENDING THE TOBACCO CODE OF THE GUERNSEY TOWN CODE.
BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF GUERNSEY, WYOMING, COUNTY OF PLATTE, AS FOLLOWS:
    Section 1. That certain provisions of sections of the Tobacco Code of the Guernsey Town Code are hereby amended to read as follows:
2-2-1: DEFINITIONS:
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
   TOBACCO PRODUCTS: Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
   VENDING MACHINE: Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or other form of payment, dispenses tobacco products. (Ord. 91-12-001, 3-10-1992)
2-2-2: PROHIBITED SALES OR DELIVERY:
   A.   Prohibited: No person shall sell, offer for sale, give away or deliver tobacco products to any person under the age of twenty-one (21) years.
   B.   Violation: Any person violating subsection A of this section is guilty of a misdemeanor punishable by a fine of not more than fifty dollars ($50.00).
   C.   Affirmative Defense: It is an affirmative defense to a prosecution under subsection A of this section that:
      1.   In the case of a sale, the person who sold the tobacco product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the tobacco products as being over twenty-one (21) years of age; or
      2.   The tobacco product was given or delivered to the person under twenty-one (21) years of age by his parent or guardian and the tobacco product was given or delivered to the person for use in the privacy of his parent's or guardian's home or under the direct supervision of the parent or guardian. (Ord. 91-12-001, 3-10-1992)
2-2-3: POSTED NOTICE; LOCATION OF VENDING MACHINES:
   A.   Posting Required: Any person who sells tobacco products shall post signs informing the public of the age restrictions provided by this chapter at or near every display of tobacco product and on or upon every vending machine which offers tobacco products for sale. Each sign shall be plainly visible and shall contain a statement communicating that the sale of tobacco products to persons under twenty-one (21) years of age is prohibited by law.
   B.   Vending Machines: No person shall sell or offer tobacco products through a vending machine unless the vending machine is in:
      1.   Business, factories, offices or other places not open to the general public.
      2.   Places to which persons under the age of twenty-one (21) years of age are not permitted access; or
      3.   Business premises where alcoholic or malt beverages are sold or dispensed and the entry by persons under twenty-one (21) years of age is prohibited.
   C.   Penalty: Any person violating subsection A or B of this section is guilty of a misdemeanor punishable by a fine of not more than fifty dollars ($50.00). Each day of continued violation shall be deemed a separate offense. (Ord. 91-12-001, 3-10-1992)
2-2-4: PURCHASE BY MINORS:
   A.   Prohibited: No person under the age of twenty-one (21) years shall purchase tobacco products, or misrepresent his identity or age, or use any false or altered identification for the purpose of purchasing tobacco products.
   B.   Penalty: Any person violating subsection A of this section is guilty of a misdemeanor punishable by a fine of not more than twenty-five dollars ($25.00). Upon a conviction for violation of subsection A of this section, the municipal court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of five dollars ($5.00) for each hour of work performed. (Ord. 91-12-001, 3-10-1992)
2-2-5: POSSESSION OR USE BY MINORS:
   A.   Prohibited: It is unlawful for any person under the age of twenty-one (21) years to possess or use any tobacco products.
   B.   Penalty:
      1.   Fine: Any person violating subsection A of this section is guilty of a misdemeanor punishable by a fine of not more than twenty-five dollars ($25.00).
      2.   Community Service: Upon a conviction for violation of subsection A of this section, the municipal court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of five dollars ($5.00) for each hour of work performed.
   C.   Affirmative Defense: It is an affirmative defense to a prosecution under subsection A of this section that the defendant possessed or used the tobacco product in the home of, or under the direct supervision of, his parent or guardian. (Ord. 91-12-001, 3-10-1992)
Passed and approved on this 18th Day of February 2020 on 1st reading
Passed and approved on this 3rd Day of March 2020 2nd reading
Passed and approved on this 17th Day of March 2020 on 3rd and Final reading
Oath of Office – Officer David Smith: Officer Smith was sworn in by Judge Conner as a Guernsey Police Officer.
Resolution 2020-003 – First State Bank Signers: CM Harris moved to approve resolution 2020-003 First State Bank Signers, seconded by CM Kelley. A vote was taken, and the motion carried with 5 ayes. Resolution follows in title only: A RESOLUTION FOR CHANGING SIGNATURES ON ALL ACCOUNTS HELD WITH FIRST STATE BANK.
Resolution 2020-004 – Banner Capital Bank Signers: CM Whitworth moved to approve resolution 2020-004 Banner Capital Bank Signers, seconded by CM Augustyn. A vote was taken, and the motion carried with 5 ayes. Resolution follows in title only: A RESOLUTION FOR CHANGING SIGNATURES ON ALL ACCOUNTS HELD WITH OREGON TRAIL BANK
Ordinance 2020-002 – Optional Tax – 1st Reading: CM Whitworth moved to approve ordinance 2020-002, seconded by CM Harris. Vote taken and motion carried with 5 ayes. Ordinance follows in title only: AN ORDINANCE TO CONTINUE THE IMPOSITION OF THE OPTIONAL ONE CENT SALES TAX PURSUANT TO W.S.§39-15-203(a)(i)(F)
Ordinance 2020-003 – Nuisance Amendment: CM Kelley moved to approve ordinance 2020-003, seconded by CM Augustyn. Vote taken and motion carried with 5 ayes. Ordinance follows in title only: AN ORDINANCE AMENDING ORDINANCE No.  02-10-003, 1-2-2002, 2019-004 DECLARATION OF A NUISANCE; WRITTEN NOTICE.
Public Comment: N/A
Department Reports: Kate Farmer informed the Council that Wyoming Child and Family Development provided a written copy of their funding request. Matt Allred updated the Council on the golf course well project, dedicated waterline project, rail spur project, Chugwater housing project, chip seal project, tank rehab project, and the issues that have become apparent at the airport. The council asked for a rough draft of an RFP and concept drawings of the Chugwater street housing project by April 21st. Judge Conner reported 8 cases carried over, 15 new cases, of that 11 were disposed of and revenues were $979.00 for February.
Mayor and Council Report: CM Whitworth refuses to take part in the public hysteria from COVID-19. We are doing fine as a town and if we keep doing what we are doing we will be fine. Why are we doing this, why are we buying all this toilet paper? Please do not buy off on what is being put out there in the media. CM Augustyn said we talked with some people from the school and the community food bank. We are doing well at the food bank and the school has a good plan to feed the kids that have been released from school. They are well funded and stocked right now but will reach out to the Town if funds need to be raised to help. The Council will do whatever is needed to take care of the community. CM Harris thanked the fire department for their hard work at the house fire. The house was lost but luckily everyone got out safely. CM Kelley said he is an old fart and he is not going to stop going to the post office or around town. Mayor Paustian said the biggest thing to remember is common sense. If you feel ill stay home and take care of yourself.
Announcements: 4/1 – Volunteer Fire Department Meeting, 4/4 – Hub City Fools Run, 4/7 – Town Council Meeting, 4/18 – VFW Shrimp Feed (canceled), 4/20 – Guernsey-Sunrise School Board Meeting, 4/21-5/1 – Spring Clean Up
Executive Session: CM Harris moved to go into executive session after a short recess at 6:52 pm, seconded by CM Kelley. Vote taken and motion carried with 5 ayes. CM Harris moved to come out of executive session at 8:18 pm with no decisions made, seconded by CM Kelley. Vote taken and motion carried with 5 ayes.
Adjournment: With no further business to come before the Council, Mayor Paustian called for a motion to adjourn. CM Harris moved to adjourn the meeting at 8:19 pm, seconded by CM Whitworth. A vote was taken, and the motion carried with 5 ayes.

Attest:
Nicholas Paustian, Mayor
Kate Farmer, Clerk/Treasurer

Public Notice No. 1851 published in the Guernsey Gazette, March 24, 2020.

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