Ranch Advisory Commission

MINUTES Monolith Ranch Advisory Committee October 14, 2021, 1:00 PM (Via Zoom Meeting) Members Present: Marius Favret, Amy Nagler, Carol Frost, Keith Rittle, Tony Hoch, Jayne Pearce Members Absent: Bill Brinegar Staff Present: Darren Parkin, Brooks Webb, Mike Lytle, Cindy Williams, Nancy Bartholomew, Shawn Klein Guests Present: Karen Vaughn (UW), Meghan Kent (UW), Martin Grenier (DU), Mindy Meade (WY G&F) I. CALL OF ORDER Meeting called to order at 1:01 p.m. II. APPROVAL OF AGENDA MOTION BY Rittle, seconded by Frost, to set the agenda. MOTION CARRIED by voice vote. III. APPROVAL OF MINUTES – April 8, 2021 MOTION BY Frost, seconded by Hoch, to approve the minutes of April 8, 2021. MOTION CARRIED by voice vote. IV. PUBLIC COMMENT Introduction of Mindy Meade. V. GUEST SPEAKERS A. Pioneer Pasture Soil Report - UW Dept. of Ag., Dr. Karen Vaughn, Meghan Kent 1. Pasture usages, water, habitats, landscape 2. Salinity issue, salt traveling, weathering, arid/semi-arid 3. Effect on plants 4. Survey using Electromagnetic Induction 5. Soil texture 6. Spatial distribution 7. pH 8. Organic matter 9. Nutrients 10. Soil profile excavation in zones, electroconductivity, SAR 11. 81% of Pioneer Pasture is saline or saline-sodic 12. Future considerations and alternatives 13. Questions B. Pioneer Pasture – Ducks Unlimited, Martin Grenier (handout) 1. May be able to help with Pioneer Pasture but would need a plan to go forward With Meghan’s work may be able to design a management plan 2. Could design a flushing system with enough water 3. Possibly manage for wildlife habitat instead of agriculture 4. Parkin – Possible financial partnering in the future, money in budget  5. Grenier – Would benefit migratory birds and waterfowl. Start with graphic surveys and where water can be moved. 6. Parkin – Will be long, expensive rehab; long-range goal of Council to improve this area of the Ranch 7. Meade – Potential in shorebirds and songbirds 8. Parkin – Keep some kind of agricultural tie if going to focus on wildlife habitat 9. Discussion of water rights MOTION BY Rittle, seconded by Hoch, to move forward with Ducks Unlimited Project. MOTION CARRIED by voice vote. C. Pioneer Pasture Proposal – Presenter was unavailable MOTION BY Nagler, seconded by Rittle, to postpone to the next regular meeting. MOTION CARRIED by voice vote and raised hands. D. Open Meetings Act Presentation – City Clerk’s Office (handout) VI. NEW BUSINESS A. Upcoming Member Expirations – Rittle, Frost B. Hunter Management Update – Presenter was unavailable VII. OLD BUSINESS A. Dowlin Diversion Dam Project – Parkin 1. Two consultant proposals were received to do a Level II design for the Dowlin Diversion project. 2. Wyoming Water Development Commission (WWDC) consultant selection interviews occurred in Cheyenne on October 7. 3. The winning consultant has been notified and pending the results of the Water Omnibus Planning Bill at the upcoming legislative session to fund it can expect to receive a Notice to Proceed in May of 2022. 4. If the Level II design project is successful and it moves on to a Level III construction project, it will occur in the fall and winter of 2023. 5. The main design challenge of the fish passage will be to ensure that the flows are less than two cubic feet per second (cfs) so that small native fish can pass. 6. Moving the diversion .6 miles upstream will be investigated for its perceived benefits of being able to build a smaller and cheaper diversion, a simpler fish bypass and to potentially lessen neighbor conflicts. II. Ranch Quarterly Report – Parkin 1. The overall hay yields were down this year due to the hot dry weather. 2. The alfalfa has one more season left until it will be replanted. 3. Operationally the Goforth project was very successful in its first year. 4. The next Monolith Ranch lease will be put out to public bid, Baer Livestock has a right of first refusal, the current lease expires in June 2023.  5. Advertisements for proposals will be put out in the Spring of 2022, reviews and interviews will occur in the summer/fall with the hope of having a signed ranch lease by the end of 2022. 6. The Monolith Ranch Committee will be involved in the lease renewal process and providing a recommendation to City Council. VIII. DATE FOR NEXT REGULAR MEETING – January 13, 2022 IX. ADJOURNMENT VALIDATED: Favret approved electronic signature 01.26.22 via email to MRAC Staff Liaison. Marius Favret, Monolith Ranch Advisory Committee Chair Date Cindy Williams 01.13.22 Cindy Williams, Monolith Ranch Advisory Committee Staff Liaison Date  EXHIBIT A - PROJECT PROPOSAL WY-126-3 GOFORTH WETLANDS SUBMITTED BY: Ducks Unlimited, Inc. 2525 River Road, Bismarck, ND 58503 Contact: Martin Grenier, Manager Conservation Programs, 970.775.4416 2114 Midpoint #1, Fort Collins, CO 80525 PROJECT DESCRIPTION: Purpose: The purpose of this project is to determine the feasibility of wetland restoration and enhancement activities on a portion of the Pioneer Pasture owned by the City of Laramie in Albany County, Wyoming. The property is part of the larger Monolith Ranch. The focus of the project is wetland and other water features associated with the property (see project boundary map attached). The City of Laramie and Ducks Unlimited agree that additional investigation into the potential for habitat restoration could be beneficial to management activities on the property. Location: From Ivinson Street and HWY 287, Laramie, WY head north to Snowy Range Road 0.6 miles. Turn left, (west) the road becomes HWY 230. From HWY 287 it is approximately 5.9 miles to the entrance of the property and turn off to the Laramie River-Monolith Public Access Area. 1  Coordinates: UTM 13T 443605 mE 4568794 mN LAT LONG -105.6732, 41.2686 Legal Description: Portions of Sections 14, 23, and 22, Township 15 North, Range 74 West, 6th Principal Meridian. Ownership and Management Agency: The Monolith Ranch is owned by the City of Laramie, Wyoming. Darren Parkin Water Resources Manager City Manager, City of Laramie 406 Ivinson St., Laramie, WY 82070 307.721.5213 dparkin@cityoflaramie.org Activities on Monolith Ranch are managed by the Monolith Ranch Advisory Committee. Limited public access is allowed on the property, per rules and regulations promulgated by the committee. Land Use History: Monolith Ranch has been used by the City as an agricultural operation for many years. Currently, cattle pasturage, irrigation of pasture and hay ground and limited recreation are permitted on the tract by the City. The Pioneer Pasture is used primarily for grazing. Need: Currently the Committee and the City of Laramie are faced with several pending issues with the Pioneer Pasture: aesthetics of the pasture are declining due to increasingly dry conditions; water resources are under utilized on the pasture due to lack of infrastructure; available water rights for the pasture are not completely understood; the Committee has expressed interest in improving habitat and grazing opportunities on the pasture; and improving the aesthetics of the pasture since it adjoins a public access area managed by Wyoming Game and Fish Department. 2 Management & Operation Plan: None; provisional management and operations will be discussed with Darren Parkin, City of Laramie. Monitoring and Evaluation: None. SCOPE OF WORK AND DELIVERABLES: Ducks Unlimited will provide Darrin Parkin, the Ranch Committee, and the City with a conceptual plan and cost estimate for the project area. This will identify and prioritize wetland and other water conservation activities in the project area that will improve habitat conditions and protect/maximize use of water rights. The approach will be developed with respect to on-going agricultural occurring on the property. Section 1: Wetland Enhancement and Restoration Activities • Identification of site goals and objectives • Identification of site wetland and water resources • Topographic survey of site • Identification, conceptual design and prioritization of wetland and irrigation improvements • Identification of individual tasks and/or activities required to achieve improvements • Identification of required permits and provisional activity schedule Section 2: Engineer’s Estimate of Costs • Schedule of equipment, materials and contractor fees required to achieve each identified task in Sections 1. ACTIVITY SCHEDULE: Activity Date Contracts Oct-21 Topographical Survey Mar-22 to Apr-22 Consultations & Design May-22 to Jun-22 Draft Concept Plan Jun-22 to Jul-22 Final Concept Plan 22-Sep BUDGET ESTIMATE: Costs: $ Ducks Unlimited Personnel Costs 12,500 6645/6650 Travel/Auto Expenses 1,250 Indirect Charges (<10%) 1,250 Total 15,000 TERMS OF AGREEMENT: 12 months 3 LOCATION MAP: 4  BOARDS & COMMISSIONS CITY OF LARAMIE, WYOMING Wyoming Open Meetings and Public Records Acts Last date revised: September 29, 2021 NB  Opening Meetings Act Purpose • The Open Meetings Act and Public Records Act exist to assure TRANSPARENCY. • It helps to indemnify you and the City of Laramie of liability by adhering to proper conduct and procedures. 2  Board Members • All boards and commissions members are voluntary and uncompensated positions that serve the City as part of an important decision-making structure, and have official contact with the public. • Members must display professionalism, appropriate demeanor, and exercise sound judgment. • Thank you for your service to our community. 3  Board Speaks As One • Individual board members cannot speak for the Board or Commission - except in specific, limited, and predetermined cases. • Do not speak board business on an individual basis. • Do not offer individual opinions. • Encourage individuals to write the staff liaison or come to the next meeting. This provides all members of the Board or Commission with the same information. 4  Open Meetings Act WY § 16-4 Article 4 • WY § 16-4-403(a) “All meetings of the governing body of an agency public meetings, open to the public at all times, except as otherwise provided.” • WY § 16-4-404 “In the absence of a statutory requirement, the governing body of an agency shall provide by ordinance, resolution, bylaws, or rule for holding regular meetings…” • Public in attendance aren’t required to state name or sign in. • However, it is recommended the chair of board require speaker to state name and affiliation. • Must keep minutes of proceedings. 5  Open Meetings Act (continued)  “Meeting” definition by WY § 16-4-402 • an assembly of at least a quorum of the Board.(No action can be taken without a quorum.) • which has been called by proper authority of the Board. • for the purpose(s) of • discussion • deliberation • presentation of information, or • taking action regarding public business; 6  Open Meetings Act (continued)  “Action” definition by WY § 16-4-402; • Any transaction of official business of the board or commission, including: • a collective decision of the Board, • a collective commitment or promise by the Board to make a (positive or negative) decision, or • an actual vote by the Board upon a motion, proposal, resolution, regulation, rule, order or ordinance at a meeting; 7  Open Meetings Act (continued) • WY § 16-4-403(d) “No meeting shall be conducted by electronic means or any other form of communication that does not permit the public to hear, read or otherwise discern meeting discussion contemporaneously. Communications outside a meeting, including, but not limited to, sequential communications among members of an agency, shall not be used to circumvent the purpose of this act.” • AG (Attorney General) ruling: A series of emails falls under definition of “sequential communications.” (A series of individual communications. Suggest that the topic be raised at the next meeting.) • Includes: social events, emails, texting, or social media and the like. • Never hit “Reply All”. 8  Violations • WY § 16-4-408 “Any member or members of an agency who knowingly or intentionally violate the provisions of this act shall be liable for a civil penalty not to exceed seven hundred fifty dollars ($750.00) except as provided in this subsection.” • Any member of a Board who attends or remains at a meeting where an action is taken, knowing that the action is in violation, can be found liable. • EXCEPTION: unless minutes were taken during the meeting and the member's objections are recorded and made public, or at the next regular public meeting the member objects to the meeting where the violation occurred. 9  Conflicts of Interest • A member may say “I recuse myself ” from a Board Vote for action or decision in the case of a conflict of interest. However, it can be made formal by a motion and second and members formally recuse the member. • Robert’s Rules of Order Newly Revised 12th Edition, pg. 45:5 “No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. • For example, if a motion proposes that the organization enter into a contract with a commercial firm of which contract he would derive personal pecuniary profit, the member should abstain from voting on the motion.” 10  Conflicts of Interest (continued) • The following are questions you may want to pose to yourself whenever you perceive you may have a potential conflict. If you respond “yes” to any of these questions, it may be advisable to abstain from voting on the matter. 1. Is your interest direct and immediate, as opposed to speculative and remote? 2. Does your interest provide you a greater benefit or a lesser detriment, than it does for a large or substantial group or class of persons who are similarly situate? 3. Does your interest give any potential appearance of impropriety? Although it may not be necessary to consider the appearance of impropriety in determining an actual conflict of interest, the WY AG suggests this be considered to maintain the public’s confidence in the integrity of lawmakers. 11  Immunity from Legal Liability • Qualified Immunity – actions while acting within scope of duties. (Provides for legal defense if acting within scope of duties.) • Erode Immunity – unethical actions or wrongful purpose could lead to exposure to liability. (Intentionally violating due-process rights, equal protection, or acting contrary to legal advice. A legal defense will NOT be provided.) 12  Public Records Act WY § 16-4 Article 2 • Record – WY § 16-4-201 definition: “…includes any information in a physical form created, accepted, or obtained by a governmental entity in furtherance of its official function and transaction of public business which is not privileged or confidential by law.” • “in paper, electronic, or other physical form” • WY § 16-4-202 Open to public for inspection by holder of record. (Public Records Request form can be found at www.cityoflaramie.org/publicrecords.) • Fee to provide duplication/recordings, etc. is set by City Council. • Civil Penalty – punishable by a penalty of not more than seven hundred fifty dollars ($750.00). 13 The Open Meetings Act (§16.4.401–408) and Public Records Act (§16.4.201–205) exist to PROVIDE TRANSPARENCY  Transparency = Integrity  Transparency = Accountability  Transparency = Credibility  Transparency = Confidence 14  Parliamentary Procedure • All Boards and Commissions meetings are conducted according to Robert’s Rules of Order www.robertsrules.org 15  Robert’s Rules of Order • Robert’s Rules of Order is a parliamentary procedure to facilitate meetings and keep them organized. • The chairperson is elected to run the meetings. • In order to speak you must be acknowledged by the Chair. • The Clerk or designee will help with questions of order. • An agenda is used to keep order of business. • All remarks must be directed to the Chair. 16  Making a Motion • Motions are used to introduce business in a meeting. A main motion must be made before discussion can occur from board or commission members. • When making a motion speak clearly and precisely making sure to include all necessary information for clarity of the motion. • A motion needs a second in order for the motion to be brought to the floor, in most cases. If no second is received, the motion dies. State verbally that you second. 17  Making a Motion (continued) • After motion is made and seconded the Chair should restate for the written and audio recording who made the motion and seconded. (Example: MOTION BY _______, seconded by ________.) • If an amendment is made, the amendment must be voted on before voting on the main motion. (An amendment must also be seconded before it is discussed. All discussion following an amendment must be about the amendment only until it has been voted on.) 18  The Rules from www.robertsrules.org • Point of Privilege: Pertains to noise, personal comfort, etc. - may interrupt only if necessary! • Parliamentary Inquiry: Inquire as to the correct motion - to accomplish a desired result, or raise a point of order • Point of Information: Generally applies to information desired from the speaker: "I should like to ask the speaker a question." • Orders of the Day/Agenda: A call to adhere to the agenda (a deviation from the agenda requires Suspending the Rules) • Point of Order: Infraction of the rules, or improper decorum in speaking. Must be raised immediately after the error is made 19  The Rules from www.robertsrules.org (continued) • Main Motion: Brings the next item on the agenda before the assembly (Requires a second, majority vote) • Divide the Question: Divides a motion into two or more separate motions (must be able to stand on their own). (Requires a second, majority vote) • Amend: Inserting or striking out words or paragraphs, or substituting whole paragraphs or resolutions (Requires a second, majority vote) • Withdraw/Modify Motion: Applies only after question is stated; mover can accept an amendment without obtaining the floor (Acknowledged by motion maker and second, stated by chair) 20  The Rules from www.robertsrules.org (continued) • Limit Debate: Closing debate at a certain time, or limiting to a certain period of time (Requires a second, 2/3 vote) • Postpone to a Certain Time: State the time the motion or agenda item will be resumed (Requires a second, majority vote) • Object to Consideration: Objection must be stated before discussion or another motion is stated (No second required, 2/3 vote) • Lay on the Table: Temporarily suspends further consideration/action on pending question; may be made after motion to close debate (Requires a second, majority vote) 21  The Rules from www.robertsrules.org (continued) • Take from the Table: Resumes consideration of item previously "laid on the table" - state the motion to take from the table (Requires a second, majority vote) • Reconsider: Can be made only by one on the prevailing side who has changed position or view (Requires a second, majority vote) • Postpone Indefinitely: Kills the question/resolution for this session - Exception: the motion to reconsider can be made in current session (Requires a second, majority vote) 22  The Rules from www.robertsrules.org (continued) • Previous Question: Closes debate if successful - may be moved to "Close Debate" if preferred (Requires a second, 2/3 vote) • Appeal Decision of the Chair: Appeal for the assembly to decide - must be made before other business is resumed; NOT debatable if relates to decorum, violation of rules or order of business (Requires a second, majority vote) • Suspend the Rules: Allows a violation of the assembly's own rules (except Constitution); the object of the suspension must be specified (Requires a second, 2/3 vote) 23  The City of Laramie Mission, Vision and Core Values MISSION Building Our Community Through Respect, Integrity, Teamwork, and Stewardship. VISION Community Excellence in the Gem City of the Plains. CORE VALUES Respect- treat others with a high level of courtesy and dignity. Integrity- honest and ethical interactions with each other and the community. Teamwork- work together to meet common goals while considering the needs of others. Stewardship- careful and responsible management of all our resources and environment. 24