City Council

City of Torrington ) County of Goshen ) State of Wyoming ) The Torrington City Council met in regular session on Tuesday, December 19, 2023 in the City Council Chambers at 436 East 22nd Ave. at 7:00 p.m. Present: Mayor Doby, Council Members Deahl, Kelly, Patterson and Viktorin. Also Present: Clerk/Treasurer Strecker, Attorney Eddington, Director of Public Works/City Engineer Harkins, Chief of Police Johnson, Buildings & Grounds Superintendent Estes, Golf Pro Dent, EMS Executive Director Yates and Deputy City Treasurer Nichols. Mayor Doby called the meeting to order. Councilman Kelly led the Pledge of Allegiance. Mayor Doby led the session with informational announcements on the following items: 1. Mayor Doby stated that in observance of the Christmas holiday, all City of Torrington offices will be closed on Monday and Tuesday, December 25-26, 2023, and on Monday, January 1, 2024 for the New Year holiday. He wished everyone a Merry Christmas and prosperous New Year; 2. Mayor Doby encouraged citizens to enjoy the City’s beautifully decorated downtown area and neighborhoods; 3. Mayor Doby urged the public to patronize the City’s numerous and varied local merchants and businesses during the holiday season; 4. Reminder to citizens that sidewalks must be cleared within 24 hours of a snowfall; 5. Reminder to the public to take extra caution and to refrain from using their cell phones while driving; and 6. Request to the public to drink responsibly and to not drink and drive. Councilman Viktorin moved and Councilman Kelly seconded to approve the consent agenda which includes the minutes from the 12-05-23 Council meeting as published and all actions therein be ratified. Motion carried unanimously. Mayor Doby requested approval to amend the agenda as follows: 1. Amend Item 11 to add 11 (b) to include the Shop Foreman to the CDL benefit. Councilman Deahl moved and Councilman Patterson seconded to approve the agenda as amended. Motion carried unanimously. Golf Pro Dent presented a video program relating to the City’s golf course from 2016 and earlier. He commented that he will present an updated video in 2025 of all of the improvements that have been made. Nathan Kendall with the Elks Lodge 1726 requested approval of extended hours of operation on Sunday, December 31, 2023 until 2:00 a.m. Mayor Doby inquired about other establishments and what process would need to be followed if they individually wanted those same extended hours to apply to them. Chief of Police Johnson responded that state statute mandates that the hours of operation be uniformly applied to establishments similarly situated. Therefore, if the Council approves Nathan Kendall’s request, all other establishments who hold a Limited Club Liquor License will have to be allowed the same opportunity. Councilman Kelly inquired as to how many Club Licenses this would include. Chief of Police Johnson responded that there are four total. Councilman Viktorin moved and Councilman Patterson seconded to approve the extended hours request for Limited Club Liquor License holders as presented. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE CREATING AND ENACTING SECTION 5.12.045 OF THE TORRINGTON MUNICIPAL CODE, 2023 REVISIONS, RELATING TO ALCOHOLIC BEVERAGE PERMITS IN THE CITY OF TORRINGTON. Councilman Patterson moved and Councilman Deahl seconded to approve Ordinance No. 1283 as presented on third reading. Motion carried unanimously. Attorney Eddington read by title AN ORDINANCE AMENDING AND RE-ENACTING SECTION 5.12.020 OF THE TORRINGTON MUNICIPAL CODE, 2023 REVISIONS, RELATING TO LIQUOR LICENSE/PERMIT FEES. Councilman Patterson moved and Councilman Kelly seconded to approve Ordinance No. 1284 as presented on third reading. Motion carried unanimously. Golf Pro Dent presented amendments to the 2024 Golf Tournament Schedule for approval. The amendments were as follows: 1. Lusk High School tournament scheduled for May 9-10, 2024; and 2. Rescheduling of the Elks tournament from 06-08-24 to 08-03-24. Councilman Deahl moved and Councilman Viktorin seconded to approve the amendments to the 2024 Golf Tournament Schedule as presented. Motion carried unanimously. Mayor Doby requested for Attorney Eddington to present for approval a Memorandum of Understanding (MOU) between the City of Torrington and Eastern Wyoming College (EWC). Attorney Eddington deferred to Chief of Police Johnson who primarily drafted the MOU and also commented that he has reviewed the document and has no concerns himself. Chief of Police Johnson stated that the purpose of the MOU is to delineate the responsibilities of the parties during the use of the taxiways at the Torrington Municipal Airport by EWC in driver training of students/candidates for commercial driver’s licensure. He indicated that in exchange for the use of the airport for the driver training, EWC agrees to provide to the City one free enrollment per calendar year of a City employee in its commercial driver’s training program. DPW/City Engineer Harkins addressed more of the specifics relating to the use of the taxiways. He commented that the taxiways are in sufficient condition and will hold up to the additional traffic. DPW/City Engineer Harkins also explained that as a part of the MOU, EWC will be Page | 1 required to contact the Airport Manager prior to using the taxiway and the instructor will be provided with a handheld radio for air traffic notification. Councilman Patterson asked if there were any concerns from the Airport Board to which DPW/City Engineer Harkins responded no. Mayor Doby asked about the approval of the FAA. DPW/City Engineer Harkins replied that the FAA has not been contacted and commented that it is not an issue as far as the use of the taxiways. Councilman Kelly inquired about the trucks and if they will have empty trailers and if there is a concern with the glare from the windshield or mirrors. DPW/City Engineer Harkins responded that the trucks have no reason to be loaded and that there are no concerns relating to glare. Councilman Deahl called on Councilman Viktorin to speak on behalf of the Airport Board. Councilman Viktorin stated that the Airport Board has not taken up this issue other than some informal discussion. DPW/City Engineer Harkins indicated that this was not presented to the Airport Board to the best of his knowledge, but it has been thoroughly discussed between the Airport Manager and the CDL trainers. Councilman Patterson moved and Councilman Deahl seconded to approve the Memorandum of Understanding (MOU) between the City of Torrington and Eastern Wyoming College (EWC) as presented. Voting aye Deahl, Doby, Kelly and Patterson, nay Viktorin. Motion Carried. Director of Public Works (DPW)/City Engineer Harkins presented the bid results for the FY24 Sewer Line Improvements Project. He stated that staff recommends awarding the bid to Insituform Technologies, LLC of Chesterfield, Missouri in the amount of $635,551.00 and reserve $64,449.00 (10.14%) for contingency for a project total of $700,000.00. DPW/City Engineer Harkins indicated that the project consists of 6,567 LF of 8” cure-in place pipe (CIPP), 1,536 LF of 10” CIPP, 4,199 LF of 12” CIPP and 180 lateral reinstatements and all incidentals associated with the project bid items. He commented that a bid opening was held on 12-06-23 for the project and stated that two bids were submitted in conformance with the bidding requirements. DPW/City Engineer Harkins stated that the contractor has been given the option of when to start and 90 calendar days to complete the project. He indicated that the project must be substantially completed by 06-28-24. DPW/City Engineer Harkins commented that funding for the project was established in the FY24 Budget in the amount of $780,000.00. Councilman Viktorin moved and Councilman Kelly seconded to award the bid to Insituform Technologies, LLC of Chesterfield, Missouri in the amount of $635,551.00 and reserve $64,449.00 (10.14%) for contingency for a project total of $700,000.00 as presented. Motion carried unanimously. Director of Public Works (DPW)/City Engineer Harkins presented the bid results for the FY24 Electrical Department Parking Garage Project. He stated that staff recommends awarding the bid to Goshen County Construction of Torrington, Wyoming in the amount of $243,818.00 and reserve $6,182.00 (2.54%) for contingency for a project total of $250,000.00. DPW/City Engineer Harkins indicated that the project consists of a 50’ x 50’ parking garage for the Electric Department. He commented that the garage will be steel construction with 16’ walls, insulated roof (R33), three 14’ x 14’ insulated overhead doors with windows and openers, two 36” wide steel doors with windows and four 36” x 48” windows. DPW/City Engineer Harkins stated that a bid opening was held on 12-13-23 and indicated that three bids were submitted in conformance with the bidding requirements. He commented that funding for the project was established in the FY24 Budget in the amount of $225,000.00. DPW/City Engineer Harkins stated that the balance of the funding, $25,000.00, will be requested in the FY25 Budget. He explained the location of the building and stated that it will have concrete floors and only electric service at this time. Councilman Patterson moved and Councilman Viktorin seconded to award the bid to Goshen County Construction of Torrington, Wyoming in the amount of $243,818.00 and reserve $6,182.00 (2.54%) for contingency for a project total of $250,000.00 as presented. Motion carried unanimously. Clerk/Treasurer Strecker presented the bid results for a New Ambulance. She stated that a bid opening was held on 12-06-23 and indicated that the bid received from Sawtooth Emergency Vehicles of Shepherd, Montana was the only bid that was submitted. Clerk/Treasurer Strecker commented that the bidder was unable to guarantee the exact price on the Chevrolet chassis with an exception noted in the bid explaining that “Chevrolet will not release the cost until the unit is invoiced and delivered to the ambulance manufacturer. This cost will be adjusted up or down to reflect the actual cost on the final invoice.” She stated that staff recommends awarding the bid to Sawtooth Emergency Vehicles without the alternate (Stryker Power Load Cot) in the amount of $192,297.00 with a contingency of $7,703.00 (4%) reserved for the chassis price fluctuation resulting in a total price of $200,000.00. Clerk/Treasurer Strecker indicated that funding for the ambulance was established in the FY24 Budget in the amount of $200,000.00 which is funded by ARPA SLFRF funds. She commented that the price will increase at the end of the year for the medic portion so a vote is required immediately. Mayor Doby deferred to EMS Executive Director Yates to address the Council. EMS Executive Director Yates stated that the delivery time of the unit will be approximately 18 to 24 months and indicated that it will be a 2024 gas model. He commented that he hopes to trade in one of his current ambulances towards the new one. Councilman Deahl moved and Councilman Patterson seconded to award the bid to Sawtooth Emergency Vehicles of Shepherd, Montana without the alternate (Stryker Power Load Cot) in the amount of $192,297.00 with a contingency of $7,703.00 (4%) reserved for the chassis price fluctuation resulting in a total price of $200,000.00 as presented. Motion carried unanimously. Page | 2  Clerk/Treasurer Strecker presented for approval the Performance Evaluation & Merit Increase Request. She stated that 93 evaluations were completed and indicated that the results were as follows: Extraordinary – 21 Employees (23%); Exceeds Expectations – 30 Employees (32%); Fully Meets Expectations – 26 Employees (28%); Meets Expectations – 14 Employees (15%); Not Fully Meeting Expectations – 2 Employees (2%); and Does Not Meet Expectations – No Employees. Clerk/Treasurer Strecker commented that the average performance score was 3.98, the median performance score was 4.00 and the average merit increase was $0.80 per hour. She stated that the median merit increase was $0.67 per hour and indicated that there are three longevity stipends. Clerk/Treasurer Strecker commented that the FY24 Budget increase will be approximately $99,101.00. She stated that all full- time and permanent part-time employees are evaluated, and indicated that seasonal employees receive a $0.25 increase every year they return. Councilman Kelly moved and Councilman Viktorin seconded to approve the Performance Evaluation & Merit Increase Request as presented. Motion carried unanimously. Clerk/Treasurer Strecker presented for approval amendments to the policy handbook in regard to the Bereavement Leave and Compensation and Performance Evaluation Policies. She briefly summarized the changes made to each individual policy: 1. The bereavement leave policy required additional clarification on the section regarding the shutdown of the City for death of an employee, an employee’s spouse or retiree of the City. The revised policy allows Cemetery personnel who are required to work during the shutdown period to be eligible to receive 2 hours comp time. Some wording was also changed on the statement of policy. 2. Changes were made to the compensation and performance evaluation policy clarifying the performance evaluation timeline and setting the minimum length of service required before an employee is eligible for a merit increase to six months or more. Language was also added on the probationary period for demotions. Demotions will have a six-month probationary period. Clerk/Treasurer Strecker confirmed that the Performance Management Committee is the same as the Performance Evaluation Committee and assured that it would be consistent throughout the policy. Councilman Patterson moved and Councilman Viktorin seconded to approve the amendments to the policy handbook in regard to the Bereavement Leave and Compensation and Performance Evaluation Policies as presented. Motion carried unanimously. Clerk/Treasurer Strecker presented for approval an amendment to the policy handbook in regard to the creation of a CDL Training Payment/Repayment Policy and a 5% CDL incentive for the Shop Foreman. She briefly summarized the newly created policy: 1. After discussion with the City Council at the 09-20-23 Work Session, the Wage Committee developed a new policy which outlines the CDL training payment/repayment process. Attorney Eddington spoke on the legalities in regard to the contract. He stated that the City has the right to offset the cost from the employee’s last paycheck should separation of employment occur prior to the end of the probationary period. Any CDL program utilized outside of the City would not qualify for repayment within this policy upon separation of employment. Clerk/Treasurer Strecker presented the Wage Committee recommendation for a 5% CDL incentive increase for the Shop Foreman. She stated that the job description was revised for this position to require a Class A CDL to allow for the operation or road testing of Class A equipment. Clerk/Treasurer Strecker indicated that this recommendation, if approved, will result in an increase of $1,981.00 to the FY24 Budget. Councilman Patterson moved and Councilman Deahl seconded to approve the amendment to the policy handbook in regard to the creation of a CDL Training Payment/Repayment Policy and the 5% CDL incentive for the Shop Foreman as presented. Motion carried unanimously. The bills from 12-06-23 to 12-19-23 were presented for payment. Councilman Viktorin moved and Councilman Kelly seconded to approve the bills for payment as presented. Motion carried unanimously. Mayor Doby asked for public comments, questions or concerns. Fire Chief Petsch stated that the Torrington Volunteer Fire Department received a grant which allowed them to purchase upgraded radios for vehicles. He also reported that the department will be visiting schools to provide books and candy canes to each student. Streets & Sanitation Superintendent Hawley addressed the Council and provided the revised garbage pickup schedule for the holidays. The revised schedule will be as follows: Monday, 12-25-23 and Tuesday, 12-26-23 garbage will be picked up on Wednesday, 12-27-23. Wednesday, 12-27-23 garbage will be picked up on Thursday, 12-28-23. Monday, 01-01-24 garbage will be picked up on Tuesday, 01- 02-24. Councilman Viktorin moved and Councilman Deahl seconded to adjourn to executive session to discuss personnel. Motion carried unanimously. Councilman Viktorin moved and Councilman Kelly seconded to return the Mayor and Council to regular session. Motion carried unanimously. Councilman Patterson moved and Councilman Deahl seconded to approve the wage step increase as presented. Motion carried unanimously. Mayor Doby adjourned the meeting at 9:09 p.m. Page | 3  The following bills were approved for payment: 77559 VERIZON WIRELESS cell service-fire 97.10; 77560 WYRULEC CO landfill electric 356.67;77561 AFLAC payroll withholding 993.30;77562 AMAZON CAPITAL SERVICES index cards,replacement stamp pads,fairy lights,holster phone case,dry erase wall calendar,light bar cabinet mount 210.17;77563 AMERICAN WATER WORKS ASSOC membership renewal 412.00;77564 AT&T MOBILITY cardiac monitor transmission fees 33.46;77565 AVI PC Well#16 connection project 994.27;77566 B & C STEEL CORPORATION dumpster bottom replacements 2,993.75;77567 BIG WOOD TREE SERVICE LLC tree removal 2,500.00;77568 BLACK HILLS ENERGY gas service 4,669.00;77569 BLACK, KATRINA re-issue deposit refund check 31.45;77570 BORDER STATES INDUSTRIES, INC. machine bolts,ground rod,bushings,locknuts 227.13;77571 BREAZEALE, PARKER J. deposit refund 8.96;77572 BROWN CO chain saw parts 54.98;77573 CAIN, MIRANDA MARIE deposit refund 91.07;77574 CASPER COLLEGE virtual training 138.00;77575 CEARNS, KELLIE credit refund 342.39;77576 CITY OF TORRINGTON c/o FIRST STATE BANK optional sales tax 105,636.20;77577 CLARKE, JOSEPH A. labor/h20 heaters 180.00;77578 CNA SURETY blanket notary errors & omissions policy 100.00;77579 COMMUNITY HOSPITAL sup-epinephrine,nitro tablets 157.34;77580 COTTONWOOD CATERING catering/Christmas party 3,920.00;77581 CUMMINS, INC. planned maintenance 7,751.30; 77582 DENT, DAVID A. golf pro payable 5.00;77583 DIVERSIFIED SERVICES INC. cleaning services 425.00; 77584 DOOLEY OIL 5W20 full synthetic oil 715.54;77585 DUPONT, JEFF deposit refund 81.80;77586 ELK ECO-CYCLE dumpster pick up 30.00;77587 ELLIS, CHERYL A. deposit refund 173.47;77588 ENERGY LABORATORIES, INC. lab test 447.00;77589 ENVIRO SERVICES INC. lab analysis 148.00;77590 FASTENAL CO clevis pins,fasteners,batteries,shear bolts 157.46;77591 FLIGHT LIGHT, INC. isolation transformers,connector kits,pigtail-inset fixtures 1,237.72;77592 FRANK PARTS CO tri lamp,brake line,fittings,wire wheel crimper,butt connector,ring terminal,heat shrink tubing,chain oil,hydraulic hose/fittings,leveraction drum pump,battery core deposit/return,prime guard def,radiator cap,water pump,hub cap,ultra blue,80w-90 oil,gasket,spark plugs,air filter,sun shield,jump starter 1,614.31;77593 FRITZLER, LARRY & DEBORAH pump septic tanks 809.00;77594 GOSHEN CO DISTRICT COURT CLERK payroll withholding 100.00;77595 GOSHEN COUNTY ECONOMIC ¼ cent sales tax, monthly contribution 28,909.67;77596 GOSHEN COUNTY ECONOMIC Goshen bucks 280.00;77597 GRAINGER hour meter,gasket,floor tape 30.97;77598 GREATAMERICA FINANCIAL SERVICES CORP copier lease 356.00;77599 GREAT-WEST TRUST CO, LLC payroll withholding 1,863.00;77600 HACH CO PEEK salt bridge concentrated solution,equitransferrant ph7 buffer 251.00;77601 HARKINS, JEFFREY reimb-license renewal 90.00;77602 IDEAL LINEN/BLUFFS FACILITY SOLUTION mats,dust mops,sam dust, towels,sam linen,coveralls,scrapers 1,038.23;77603 IMPERIAL PUMP SOLUTIONS yearly service for pumps 1,268.90;77604 INDUSTRIAL SAFETY EQUIPMENT LLC replacement sensor 328.41;77605 INDUSTRIAL SEALING & LUBRICATION INC synthetic lubricant pail 285.54;77606 INNOVATIVE UTILITY SOLUTIONS LLC transmission coupling shart,register cover,hinge pins 56.92;77607 JAMES A. EDDINGTON PC City Attorney,extended hours 9,262.50;77608 JORDAN, SYONIA F. deposit refund 41.84;77609 KNOW HOW LLC oil filters 71.80;77610 L I E A P - STATE OF WY refund duplicate payment 306.09;77611 LAIN, ZACHARY deposit refund 24.99;77612 LIRA, MICHAEL credit refund 665.81;77613 LUJAN CLEANING SERVICE LLC cleaning,window cleaning 237.00;77614 MASEK GOLF CAR CO tune up/filter kits 577.15;77615 MECKLENBURG, MERVIN court appt attorney 830.00;77616 MEDICAL AIR SERVICES ASSOC medical air transport ins 1,596.00;77617 MOTOROLA SOLUTIONS INC. dispatch 911 service contract 4,808.79;77618 MOTOROLA SOLUTIONS, INC. repositioned 2 operator consoles 3,300.00;77619 NCPERS GROUP LIFE INS payroll withholding 160.00;77620 NEW YORK LIFE payroll withholding 257.00;77621 NOEL, KELSEY deposit refund 11.82;77622 OLSON TIRE CO tire repair 79.79;77623 ONE CALL OF WY tickets for CDC code TRG 59.25;77624 O'REILLY AUTO ENTERPRISES, LLC fuse holder,wiper blades,cabin filter,oil filter,butt splice,stripe off 141.65;77625 PANHANDLE COOPERATIVE ASSOCIATION distilled water,propane,ruby diesel 13,925.27;77626 PATRICK, JOHN B. Municipal Court Judge 2,000.00; 77627 PETERSON, VICKY windshield repair 60.00;77628 PINNACLE BANK EMS service pins,fuel,meals, insulated jacket,training,lodging,postage,paper targets,parts for shop lift,in-line radon fan,muffler, vacuum tube handle,stock supplies 4,185.87;77629 PRINT EXPRESS INC. UPS streamline service,golf course membership cards,vehicle decals,copying and binding services 277.55;77630 RADWELL INTERNATIONAL, LLC ac blower,fan,datalogic centrifugal fan 770.57;77631 RESPOND FIRST AID SYSTEMS OF WY 1st aid kit supplies 230.85;77632 RICHEY, MICHAEL airport operator contract 1,666.66; 77633 RIVER VIEW SAND & GRAVEL, LLC pea gravel 2,295.00;77634 ROCKY MOUNTAIN INDUSTRIAL SUPPLY flat washers,nitrile gloves 474.24;77635 STATE OF WY-DEPT OF WORKFORCE unemployment 6.37;77636 TEAM CHEVROLET bracket 116.42;77637 TORRINGTON FIRE DEPT ½ death benefit-mutual aid members 883.75;77638 TRIHYDRO CORP fy2020 wwtp pre-treatment amendment 4 10,508.67;77639 TRI-STATE GARAGE DOORS garage door repairs 799.66;77640 U S POSTMASTER credit for postage 1,250.00;77641 VAN PELT FENCING CO INC. base material,chain link fencing 36,029.00;77642 VEOLIA WTS USA INC. monthly chemical management 7,769.04;77643 WESTCO unleaded fuel 7,820.63;77644 WJR WY, LLC high zone generator 51,487.00;77645 WY DEPT OF ENVIRONMENTAL QUALITY yearly tank fees 800.00;77646 WY HEALTH FAIRS chemistry panel & vit D 166.00;77647 WY MACHINERY skid loader door 2,023.03;77648 WY WATER QUALITY & POLLUTION CNTRL membership dues 240.00 Page | 4