CITY COUNCIL MEETING MINUTES
September 28, 2020
The Kemmerer City Council met in regular session this 28th day of September, 2020, at 7:00 p.m. in the City Council Chambers, City Hall, Kemmerer, Wyoming. The Pledge of Allegiance was recited. Present on roll call were Mayor Anthony Tomassi, Councilman Robert Bowen, Councilman Bill Price, Councilman Mark Quinn, Councilman John Sawaya, Councilman Eric Rudy and Councilman Bill Thek.
Motion was made by Councilman Bowen to approve the agenda of September 28, 2020, as amended adding property acquisition to the Executive Session, seconded by Councilman Quinn and unanimously approved by Council.
VISITORS COMMENTS & PETITIONS:
Mary Ann Putnam asked questions and made comments to the Council. Kenny Clark made comments to the council.
PRESENTATIONS:
Jake Walker and Mike Stauffer were sworn in as Kemmerer Police Department officers.
CONSENT AGENDA:
Motion was made by Councilman Sawaya to approve the items on the consent agenda as presented; seconded by Councilman Bowen and unanimously approved by Council. Those items were:
(a) approval of the minutes of September 14, 2020, as presented;
(b) approval of the payment of the bills, payroll, and ACH payments as presented:
14225 NCPERS Group Life $64.00
14226 America Leak Detection $2,000.00
14227 Bridger Valley Propane $288.48
14228 Carlisle, Zachary A. 1,150.00
14229 Centurylink 14.32
14230 Centurylink 680.30
14231 Delta Dental 2,207.85
14232 Dominion Energy 500.18
14233 Flowtech P.C. S. 1,227.80
14234 Highland Golf 80.35
14235 Lincoln County Treasurer 5,658.87
14236 Mountain West Bus. Solutions 92.40
14237 PEWAG Traction Chain, Inc. 2,301.75
14238 Reladyne West, LLC 924.12
14239 Rocky Mtn. Turf Equipment 475.05
14240 South Cty. Vegetation Mgmt. 2,600.00
14241 Team Lab. Chemical, LLC 785.50
14242 Turf Equipment & Irrigation 6,407.73
14243 UMB Card Center 9,902.02
14244 VSP of Wyoming 252.13
14245 Walker, Jake 250.00
14246 Wyo. State Golf Assoc. 145.00
9/17/20 Teton Distributors-ACH 208.20
9/16/20 Expert Pay – ACH 96.54
9/16/20 Federal Tax Deposit – ACH 11,936.86
9/16/20 Payroll Direct Dep. - ACH 41,937.04
9/16/20 City Flex Deposit - ACH 100.00
9/16/20 ICMA – ACH 225.00
9/16/20 Orchard Trust – ACH 795.00
9/16/20 AFLAC – ACH 390.27
(c) authorize the Mayor to sign the Agreement with Collection Professionals, Inc. for collection services.
TABLED ITEMS:
Motion was made by Councilman Thek to remove from the table the InDesign Report vs. Power Point for Downtown Revitalization Roadmap; seconded by Councilman Rudy and unanimously approved by Council.
Motion was made by Councilman Sawaya to not spend the money to acquire the InDesign Report and go forward with acquiring the Power Point presentation as the final report for the Downtown Revitalization Roadmap; seconded by Councilman Thek an unanimously approved by Council.
OLD BUSINESS:
None
NEW BUSINESS:
(a) Motion was made by Councilman Bowen to authorize the Mayor to sign the Coronavirus Reimbursement Agreement with the State Loan and Investment Board; seconded by Councilman Price and unanimously approved by Council.
Mayor Tomassi recused himself from the meeting; 7:32 p.m.
(b) Motion was made by Councilman Thek to authorize staff to move forward with the Police Vehicle Bid Advertisement and Specifications as amended with the advertising dates being October 8 & 15, 2020; seconded by Councilman Sawaya and unanimously approved by Council.
Councilman Quinn made a motion to include in the Police Vehicle Bid Advertisement Packet a second specification sheet with an engine meeting the minimum specifications of: a 290 hp at 6,400 rpm and a 260 lb torque at 4,800 rpm engine; seconded by Councilman Price. President of the Council, Councilman Bowen, then called for the question. Those voting “Yea” were Councilman Bowen, Councilman Price, Councilman Quinn, Councilman Sawaya and Councilman Rudy. Councilman Thek voted “Nay.” Motion carried.
Mayor Tomassi rejoined the meeting; 7:43 p.m.
(c) Motion was made by Councilman Price to authorize the mayor to sign the Verizon NASPO Agreement; seconded by Councilman Thek and unanimously approved by Council.
(d) Motion was made by Councilman Bowen to accept the proposal and authorize the Mayor to sign the contract with Johansen’s Swim-Pool Plastering, Inc. to fix the outdoor pool with a to be completed date of May 28, 2021, the liquidated damages section to include $50.00 a day, and to not exceed the amount of $38,961.00; seconded by Councilman Quinn and unanimously approved by Council.
COMMENTS:
City Administrator, Brian Muir, made comments. Councilman Thek made comments. Mayor Tomassi made comments.
Councilman Bowen made the motion to recess into executive session concerning possible litigation and property acquisition; seconded by Councilman Rudy and unanimously approved by Council at 7:56 p.m.
Motion was made by Councilman Quinn to convene into executive session; seconded by Councilman Sawaya an unanimously approved by Council.
Motion was made by Councilman Rudy to adjourn the executive session; seconded by Councilman Thek and unanimously approved by Council.
Councilman Price made the motion to reconvene into regular session; seconded by Councilman Quinn and unanimously approved by Council.
There being no further business before Council, Councilman Sawaya made a motion to adjourn the meeting; seconded by Councilman Thek and unanimously approved by Council; 9:01 p.m.
CITY OF KEMMERER, WYOMING
BY: ANTHONY TOMASSI, MAYOR
ATTEST: GLENDA R. YOUNG
ADMINISTRATIVE SERVICES DIRECTOR
PUBLISHED: Oct. 15, 2020 10156
NOTICE OF INTENT TO OBTAIN TITLE
In Regard: 2011 Chevy, VIN 1G1ZEDE70BF103634, Surrendering Price $3018.
Notice is hereby given that on 19 November 2020 at 10 a.m., Auto Inn Repair INC, 414 Aspen Ave, Kemmerer WY, will auction the above described vehicle starting at the bill against it.
Last owner of record is: Andrew Snedden, 102 Mica St, Kemmerer, WY 83101. Lien holder: None.
That title will be issued unless written objection is received 20 days from the date of publication.
PUBLISHED: Oct. 15, 22, 2020 10151
NOTICE OF INTENT TO ADMINISTER TRUST
You are hereby notified that on September 20, 2020, Nanette M. Nulsen died in Afton, Lincoln County, Wyoming. Nanette M. Nulsen was the Grantor of the Nanette M. Nulsen Trust dated May 14, 1990. The Nanette M. Nulsen Trust became irrevocable as of Nanette’s death. Nanette was a resident of Lincoln County, Wyoming on the date of her death.
Notice is hereby given that Susan P. Nickle, the named Successor Trustee of the Nanette N. Nulsen Trust, intends to administer the Trust and to have the property, contributed to the Trust by the Grantor, distributed as provided under the terms of the Trust. Claims against the assets of the Nanette N. Nulsen Trust must be submitted in writing to the Successor Trustee at Nicholas & Tangeman, LLC, P. O. Box 928, Laramie, Wyoming 82073.
A creditor must file a claim against the assets of the Nanette N. Nulsen Trust or commence a judicial proceeding to contest the validity of the Trust within one hundred twenty (120) consecutive calendar days after the first date of publication of this notice, as provided by Wyoming Statutes section 4-10-507(a)(ii). A creditor failing to file a claim or to commence a judicial proceeding to contest the validity of the Nanette N. Nulsen Trust within the 120 days specified above is forever prohibited and barred from making any claim against the assets of the Trust or from commencing any judicial proceeding against the Nanette N. Nulsen Trust or the assets of the Nanette M. Nulsen Trust.
Susan P. Nickle,
Successor Trustee
Nicholas & Tangeman, LLC
P.O. Box 928, Laramie, WY 82073
PUBLISHED: Oct. 15, 22, 2020 10154
ADVERTISEMENT FOR BIDS
Separate sealed BIDS for the purchase of one (1) new police vehicle as per specs, for the City of Kemmerer (OWNER) will be received at the Administrative Services Office, City Hall, 220 Wyoming Highway 233, Kemmerer, Wyoming, 83101, until 2 p.m. local time Friday, October, 30, 2020, at which time and place said bids will be publicly opened and read aloud.
Bid packets and specifications can be received from the Administrative Services Office, City of Kemmerer, 220 Wyoming Highway 233, Kemmerer WY 83101.
If, at the time the bid is to be awarded, the OWNER determines that the amount of funds available is sufficient to finance the purchase, the bid may be awarded to the lowest responsible BIDDER. Determination of the lowest responsible BIDDER shall take into account all applicable provisions of Wyoming Statues 1977, as amended.
The contract shall be awarded to the responsible certified resident bidder (as defined by Wyoming Statutes) making the lowest bid if the certified resident’s bid is not more than five percent (5%) higher than that of the lowest responsible non-resident bidder. The City of Kemmerer also has a local preference policy. A local business may receive a local preference on all applicable purchases subject to City Council consideration of other factors:
The following terms will be defined as indicated.
The City of Kemmerer reserves the right to reject any and all bids, to waive any informativity in bids and to accept any bid or bids deemed to be in the best interest of the City of Kemmerer. Bids must be original, signed, sealed bids on our forms. Faxed bids will not be accepted. Bids may not be withdrawn after the time fixed for opening them and remain valid for 60 days.
PUBLISHED: Oct. 8, 15, 2020 10061
PUBLIC NOTICE
Pursuant to the Wyoming Administrative Procedure Act and the Wyoming Public Service Commission’s (Commission) Rules, notice is hereby given of the Application of Rocky Mountain Power (RMP or the Company) for an order authorizing the Company to record and defer for future recovery depreciable plant and reserve amortizations for depreciation rates, as more fully described below:
RMP is a public utility, as defined in Wyo. Stat. §37-1-101(a)(vi)(C), subject to the Commission’s jurisdiction pursuant to Wyo. Stat. § 37-2-112.
On October 9, 2020, pursuant to Wyo. Stat. § 37-2-112 and 37-2-115, the Company submitted an Application and exhibits requesting the Commission issue an order authorizing the Company to record and defer for future recovery depreciable plant and reserve amortizations for the depreciation rates approved to go into effect on January 1, 2021.
RMP seeks authorization from the Commission to defer, for future amortization, the level of annual depreciation expense related to the stipulation in the 2018 Depreciation Study (Docket Number 20000-539-EA-18) for rates to be in effect on January 1, 2021. The stipulation was submitted by the Company, the Wyoming Office of Consumer Advocate, and Wyoming Industrial Electric Consumers.
The rates from the 2018 Depreciation Study were included in RMP’s 2020 general rate case (Docket Number 20000-578-ER-20) (2020 GRC) whose proposed rate effective date was January 1, 2021, which aligned with the 2018 Depreciation Study stipulation. The 2020 GRC has been delayed and the rate effective date will no longer occur beginning on January 1, 2021, as the Company requested.
The amount to be deferred annually is approximately $23.6 million. The monthly deferral will be $1,967,393. Deferred accounting will assist the Company in the ability to track and recover the depreciation expense as set forth the 2018 Depreciation Study. The Company states that deferred accounting is appropriate in this case because a delay in its 2020 GRC was caused by unforeseeable circumstances and materially impacts the Company.
This is not a complete description of RMP’s Application. Interested persons may inspect the entire Application at RMP’s Wyoming offices and at the Commission’s offices in Cheyenne, Wyoming, during regular business hours or online at: http://psc.wyo.gov/. The Application may also be reviewed on line at: https://www.rockymountainpower.net/about/rates-regulation/wyoming-regulatory-filings.html.
Anyone desiring to file a public comment, statement, protest, intervention petition or request for a public hearing in this matter must file with the Commission in writing on or before November 6, 2020. Any intervention request filed with the Commission shall set forth the grounds of the proposed intervention or request for hearing as well as the position and the interest of the petitioner in this proceeding.
If you wish to intervene in this matter or request a public hearing that you will attend, or you wish to file a public comment, statement, or protest, and you require reasonable accommodation for a disability, please contact the Commission at (307) 777-7427, or write to the Commission at 2515 Warren Avenue, Suite 300, Cheyenne, Wyoming 82002, to make arrangements. Communications impaired persons may also contact the Commission by accessing Wyoming Relay at 711. Please mention Docket No. 20000-590-EA-20 (Record No. 15627) in your communications.
Dated: October 12, 2020.
PUBLISHED: Oct. 15, 22, 2020 10155
NOTICE OF ELECTION
COKEVILLE WATERSHED IMPROVEMENT DISTRICT
To all owners of land lying within the boundaries of the Cokeville Watershed Improvement District (CWID), State of Wyoming, notice is hereby given that on the 3rd day of November 2020, between the hours of 1:00 P.M. and 6:00 P.M., an election will be held for two (2) directors of the said District, for a term of four (4) years. Eligible candidates whose names will appear on the Cokeville Watershed Improvement District ballot are:
Gary Alder
Matthew Teichert
All persons, firms and corporations who hold title to any lands lying with the Cokeville Watershed Improvement District are eligible to vote.
Polling Place for the Election is as follows:
The Lincoln Conservation District Office
Cokeville Town Hall, Room 1
110 Pine Street, Cokeville, Wyoming
(307) 279 3256
Eligible voters who will be absent on the day of the election may apply to Brenda Lazcanotegui, Polling Superintendent, at the Lincoln Conservation District Office, for
absentee ballots. Each applicant for an absentee ballot shall state his name, resident, and acreage owned in the District.
PUBLISHED: Oct. 15, 2020 10153
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
WITHIN AND FOR LINCOLN COUNTY, WYOMING
STEPHEN PECK, )
Plaintiff, )
KENNETH TEMPLETON and ROCKY )
MOUNTAIN SPECIALTY SERVICES LLC, ) Case No.
Defendants. ) CV-2020-27-DC
NOTICE OF COMPLAINT
TO: KENNETH TEMPLETON and ROCKY MOUNTAIN SPECIALTY SERVICES, LLC
TAKE NOTICE that on the February 24, 2020, Plaintiff, Stephen Peck, caused to be filed a Complaint in the District Court of the Third Judicial District for Lincoln County, Wyoming, wherein Plaintiff is seeking damages exceeding $100,000.00 for negligence, violation of various motor vehicles laws and vicarious liability related to destruction of a 1968 Chevrolet Chevelle resulting from a motor vehicle accident on February 23, 2018 in which Defendant Templeton was driving as an agent for Defendant Rocky Mountain Specialty Services, LLC.
TAKE FURTHER NOTICE that unless you answer said Complaint or otherwise respond within thirty (30) days from the last date of publication of this Notice, default will be entered against you and Plaintiff will be granted the relief demanded in the Complaint.
CLERK OF THE DISTRICT COURT
/s/ Jenny Clarke
Deputy Clerk
PUBLISHED: Oct. 1, 8, 15, 22, 2020 10017
Department of Environmental Quality, Division of Air Quality
PUBLIC NOTICE
In accordance with Chapter 6, Section 2(m) of the Wyoming Air Quality Standards and Regulations, notice is hereby given that the State of Wyoming, Department of Environmental Quality, Division of Air Quality, proposes to approve a request by PacifiCorp to modify Condition 14 of Air Quality Permit MD-14506 for the Naughton Power Plant to indicate that the 3,145 MMBtu/hr heat input limit is no longer in effect since it was a temporary requirement which was effective during the Naughton Unit 3 interim, coal-fired operating period. The 3,145 MMBut/hr limit became effective April 1, 2015 and terminated January 30, 2019. The Naughton Plant is located in Sections 32 and 33, T21N, R116W, approximately four (4) miles southwest of Kemmerer, in Lincoln County, Wyoming.
For the duration of the public comment period, the permit application, the agency’s analysis, and the public notice are available for public inspection online at https://openair.wyo.gov, utilizing facility ID F000647 and permit number P0028458 under permits. Additionally, during the state of emergency declared by Governor Gordon on March 13, 2020, if you have questions about or need assistance accessing the materials, please contact Nancy Vehr, Air Quality Division Administrator, Department of Environmental Quality, 200 West 17th St., Cheyenne, Wyoming 82002, by fax at 307-635-1784, via phone at 307-777-3746, or via email at Nancy.vehr1@wyo.gov. In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.
Written comments may be directed to Nancy Vehr, Administrator, Division of Air Quality, Department of Environmental Quality, 200 West 17th St., Cheyenne, Wyoming 82002 or by fax (307) 635-1784. Please reference A0011069 in your comment. Comments submitted by email will not be included in the administrative record. All comments received by 5:00 p.m., Monday, November 16, 2020 will be considered in the final determination on this application. A public hearing will be conducted only if in the opinion of the administrator sufficient interest is generated or if an aggrieved party so requests. For the duration of the state of emergency declared by Governor Gordon on March 13, 2020, public hearings will be conducted telephonically. Para español, visite deq.wyoming.gov.
PUBLISHED: Oct. 15, 2020 10152
FORECLOSURE SALE NOTICE
(For Publication)
WHEREAS NOTICE IS HEREBY GIVEN that a default in the payment under the terms of a secured and perfected Note has occurred. The Note is secured by a Mortgage dated July 28, 2003 and recorded on August 1, 2003 at REC # 892139 Book 529, Page 247 in the records of Lincoln County, Wyoming from Kent D Coziah, to Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage for the amount of $81,500.00. The Mortgage having been assigned to and now in possession of Bayview Loan Servicing, LLC, through an assignment recorded on May 29, 2019 at REC# 1003592 Book 948, Page 672 ASSIGNMENT in the records of Lincoln County, Wyoming.
WHEREAS the Mortgage contains a power of sale, which by reason of the default that has occurred, the Mortgagee has declared to become operative, and no suit or proceeding has been instituted to recover the debt secured by the Mortgage, or any part thereof, nor has any suit or proceeding instituted and the same discontinued and:
WHEREAS written Notice of Intent to Foreclose by Sale and Advertisement has been served upon the record owner and party in possession of the mortgaged premises at least ten (10) days prior to commencement of the publication, and the amount due upon the Mortgage at the date of first publication of this notice of sale being the total sum of $57,257.49 which consists of the unpaid principal balance of $54,251.91, plus outstanding charges, attorney fees, costs expected, accruing interest and late charges after the date of first publication of this notice.
WHEREAS this property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid.
NOW, THEREFORE Bayview Loan Servicing, LLC as Mortgagee, will have the Mortgage foreclosed as by law provided by having the mortgaged property sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash on October 27, 2020 at 10:00 AM at the front door of the Lincoln County Courthouse located 925 Sage Avenue, Kemmerer, Wyoming 83101. For application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to wit:
Part of Section 1, T32N R119W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at a point 1155 feet West of the North ¼ corner of said Section 1 and running South 528 feet; thence West 165 feet; thence North 528 feet; thence East 165 feet to the POINT OF BEGINNING.
With an address of 739 Hwy 237, Grover, Wyoming 83122. Together with all improvements thereon situated and all fixtures and appurtenances, thereto.
Bayview Loan Servicing, LLC
Scott D. Toebben, Wyoming State Bar No. 7-5690
Randall S. Miller & Associates, P.C. - CO
216 16th Street, Suite 1210
Denver, CO 80202
Phone: 720-259-6710
wyoming@rsmalaw.com
PUBLISHED: Oct. 1, 8, 15, 22, 2020 10011
