City Council - Regular Meeting

Call this meeting to order of the city council. It's April 7th. If you join us in the pledge of allegiance, I pledge I'm sorry. Go ahead. Go ahead, please. And to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. I guess you know it, too. So that Hey, in baseball that's called the bo. Yeah. Well, yeah. What I'm used to is at the end is saying two scouts.

Gotcha. Perfect. Thank you. We need to start with a roll call. Miss Harris, will you help us with that?

I know that uh Mr. Welling is in Jackson for work. I'm hoping that Mr. Perks will be showing up. So if he comes and shows up, we do have a quorum. So we can move on. We do need to consider the agenda or I guess uh there's an amendment to the agenda to award the bid uh relative to res resolution 2613 if we can add that motion to award the the bid uh just prior to that resolution. So I'll put that in there. But u if that works for everybody, I'll entertain a motion to approve the agenda. with that with that u amendment. I'll make that motion. Mr. Sers, I'll second it.

Mr. Schmidt seconding. Any discussion on the motions on the motion? If there is none, all in favor say I.

I. There. Any opposed? That's approved. We have an agenda. We have the city council minutes for March 17th as well as the work session minutes for March 24th. Any concerns regarding those minutes? If not, we will acknowledge those as we've have they've been written and we will go on to the bills. Any questions on the bills? Let's see.

Um, so we were trying to clarify jail fees or something on there. Yeah, the chief had me take off the um jail fees and dispatch fees because him and the sheriff kind of sent out a million register. And I'll add to that that I did have a conversation with the sheriff uh today uh and they're working on some information and going to getting you be getting you and uh and uh Chief Brandish some information very soon clarifying and discussing some of the particulars about the jail fees. So hopefully relieve some of that confusion. So any other questions on the bills? If there is none, is there a motion to approve?

I'll make that motion. Lind the motion. Is there a second? No. Second. Seconding. Any discussion? No. I guess one more question. Whitaker Construction is that what's that for? Okay. If there's nothing else, I'll call for the question. All in favor of the approving the bills say I. I. I. There. Any opposed?

Takes care of the bills. The revenue and expenditure report for February. Questions on that report? I had I had one question for Trudy, I guess. Um trying to understand these still. So are we are we uh less this much revenue? I mean that's that we're for this year

on the revenue. I think it's on the revenue. um where we're we're we're showing red on some of these numbers and so on. Is that in thevenue?

Oh, so it's it's on the plus side, not on the negative side. Okay. 4%. So when it goes over 100%. Goes red. Yeah. I saw the I saw the numbers on the side, but that red just kind of flashed and I went, "Woo!" Okay, thank you. It's the only time when red's good. It does look negative though. But yeah,

did I read that wrong, too? Cuz I saw a two one and if I did my math, English major Trudy right here. So, my math is not always uh the best. Um I read 2.2 million across four funds as a deficit. I immediately just thought of the grants coming in and the stuff we talked about with um page looking at

um you would I don't have my papers today like I normally do. So I just have the highlights. Um my printer broke so I just have my highlights and I was reading a total of 2.2 across four different funds and I did this analysis on Friday and so my brain isn't clicking. Um let me see what my notes are. I just I automatically assumed it was like the grants thing with the police being under and was looking at all we're waiting on stuff. The easiest way to look at these for me anyway

is when you look at revenue totals we're at 76% and then your expenditure totals were 42 means more's coming in and going up. I will um be more prepared. As I said, my printer broke, so I was hoping that you would know what I was talking about, but um no, I will figure it out. I just want to make sure. Okay, got it. Is there a motion to approve the uh report for February? I'll make that motion. Smith, there's a motion. Is there a second? I'll second.

Mr. in seconding. Discussion. If there is none, all in favor say I. I. I. I. Are there any opposed? That's approved. Council comments. Miss Higgman, let's start at your end time. What's on your mind tonight?

Oh, I have tons on my mind tonight. A little scatterrained. Um stress beyond all belief with my h my son getting ready to deploy. if all goes. So bear with me. I just thought that um I would let everyone know as our nation faces one of the possibly one of the most existential threats of our time and war. um that so often as I'm glued to the TV, I I hear some in between what all the pundits and all the news anchors miss, which is right now in the United States, we only have 450,000 active army soldiers. We only have 340,000 active duty Navy sailors. We only have 320,000 Air Force air airmen. And we only have 170,000 Marines. For a grand total of 1.3 million, our military is less than 1% of who we are. And I wanted to approach that thought process a little bit differently. Like I said, all the pundits and all the news anchors, they always say America's military is the greatest fighting force in the world. That's a half truth. In my opinion, it

should say the American people's military is the greatest fighting force in the world because we pay for every single cent of it. It is our largest budget and we do have a say and we should have a say in everything they do. And that comes down to not the just the stuff that we hear about on the news like our tomahawk missiles or our ballistic missiles that take two to three years or one to two years to build. It takes four years to build our average army soldier. The same goes for our marines. Our in they are our investment. Those soldiers, airmen, the sailors, the marines, they are the investment. And not to be crude and bring it down to numbers, but we all watch what our government spends. That's our job. We watch what they do with our tax dollars. But they don't attribute the fact that it takes a million dollars to train, for instance, the 82nd Airborne that we just got deployed. Those 2,000 soldiers represent $1 billion of irreplaceable money, taxpayer money. And believe me, as the mom of a soldier, I would much rather um I tend to dwell

on the flag drape coffins like all of us do and the heartbreak. But our job as citizens is to protect our most precious assets and have a say in where they go. When we talk about our special operations command, our Navy Seals and our Green Beretss, we think that they come in abundance. SOCOM, which heads up all of the divisions, is only 70,000 people in the entire United States for SOCOM. Of the 70,000, only 15 to 25,000 are actual operators, the ones that you see in the movies. And it takes approximately $3 million, and we're talking just training kit, um, health care to train every SOCOM operator. When we're talking about Dev Group that you've heard in the news recently that went in to rescue the fallen helicopters uh pilots pilot $10 million to train 10 years to train Devgrrew and Delta Force another 10 years to get to that level with a 90% attrition rate that this is all what we invest in And that's $10 million a piece when we put those forces on the floor of irreplaceable. It's not the fact that they're my husband's father or excuse me my son's father and my son. These are

forces we cannot replace and every American should be have a vested interest in our soldiers, our ser sailors and our airmen. And I I brought up the numbers because it is um people feel disconnected from our military because they're only 1% and they don't really see them and they um they might know one or two and there's this big disconnect. But it's our job. They enter into a contract with the American people. They put their lives on the line. And I can tell you from all my history and my family that goes back every single generation from when this country was founded to now that those people that are serving know who they are serving. They are fighting and willing to die for their battle buddy beside them. But when they go into harm's way, they are thinking of us. They are thinking of all of us and making sure we are protected. That is our military. That is what we pay trillions of dollars to do and take care of them afterwards, during, and all of their training. It is our voices. We do have a voice in how much danger we put these our active duty members in. And they're so much harder to replace than a tomahawk. And yet the news and everyone

else and those, you know, believe me, I we need to make sure that our congressmen and our senators are voting with what we think because aside from the um stock options and military contracts and etc that they have, we need to make it sure that our contract with our service members is upheld. Our job is to protect them and make sure that their sacrifice is what they signed up for, which is to protect us. Whichever way you feel about this war, that's not what I'm getting at. What I'm saying is take an active interest and when you see a service member, don't just thank them for your their service. the my son would be flippant and say um well you pay my salary. That's true. Oh his buddy will say thank you for your tax dollars. That's true. Say how how's the job doing? How's it going? Is there anything that you need? And when you get those answers back, turn around and email and call your congressman or woman and your senators and give them that feedback. Our job is to protect them because they are the 1% who are doing the job that we either can't or won't and they are our most precious precious commodity.

Thank you, Mr. Sellers. So I can tell you for my 22 years of taking care of veterans post post service that I really appreciate all of our military past and and present. I'm going to just change up just a little bit. I've saw the them out working on the parks. Things are starting to look good. They're starting to green. Weather's good. So, in all the time that all this stuff that's going on in the world, get out. Enjoy our community. It's a little lighter note. Enjoy those parks. Enjoy enjoy the fresh air. Sunset was beautiful last night. Get out and get out and and and see see that while you're at it. Go downtown. Support the businesses that are downtown. Go in and get restaurant. We got new restaurant. We got the smoke barbecue place. We got several things that are happening. So enjoy them. And then lastly, uh, for those who don't know, we have a new game warden, and I'm not going to try to say his last name because it is like really hard, but his name's Cody. Young kid, great guy. I think he's going to be a great addition to our community. He's really open to talk to people. So, if you're around, you see him, his big green truck, and he's over in the game's house. Great guy to just have a chat with. So, I'd like to welcome him and his wife to our community.

Um, thoughts and prayers go out to our military. My grandfather was in the Navy. Uh, brother was a Marine and my son is in the National Guard. So, I I do understand um what some of us are going through. So, but also on a lighter note, it is summertime and uh get out there, enjoy your community as we start to have things like uh farmers markets. Um go enjoy our parks, go enjoy everything. Um those are all paid for or partly paid for and you know by this city and that's for the benefit of the people in this city. So get out there and enjoy and support your local businesses while you're doing it. So

Mr. I just have to say, you know, I support our military. I was in the military, my son, everybody at part of that. Uh I do support them and thank you for what you said. Um thanks to everybody for the Celtic Festival. I think that was a success and everybody enjoyed themselves and please go out and enjoy the community. Thank you. Thank you. I'm sorry. So, the new game orange Wyatt, not Cody. Sorry. I thought it was Joe Picket. It's not Joe Picket. I don't know who it is.

That's excellent. I don't have anything to add. I agree with what is said. I think we all uh I don't I don't suspect that there's anybody in this room that hasn't uh been affected to some extent by family service and and heritage of service relative to the to the military. And I I appreciate the reminder and I I agree u I agree completely. So we will move on. We have no public hearings or special orders. We do have one consent agenda item. It's your parade route, street closure request, the VFW um for their veterans awareness ride uh Thursday, May 14th. Is there any questions on that? Any Is there anyone here that has any information on that before we move forward with it? I doubt we'll I doubt it'll find much opposition, but if somebody wants us to know something,

I haven't talked to anybody, but I imagine it's the same thing as last year. As I'm looking at the map here, I think so. Is there a motion to approve our consent agenda? I'll make that motion. Somehow I thought you might. I thought you thought you're still welcome on that's fine. Go with me. We've got a motion and a second. Is there any discussion? There's no discussion. All in favor say I. I.

I. Are there any opposed? That takes care of that parade request. We have no unfinished business. We'll start with our new business with resolution 2611. Mr. Harris, should you read that title for us, please? Thank you, mayor. Resolution 2611 is a resolution authorizing the city of Evston, Wyoming to issue an industrial wastewater discharge permit to BPI Labs, Inc. for its new cosmetics and personal care products laboratory and production facility. Thank you, sir. Mr. Robinson,

as you know, BPI Labs has been part of our community for a long time. They've just been out in the county and they've recently moved to the old carbon fiber building and they're doing great things over there. Um the purpose of this permit is when we have an industrial user of the water such as this will discharge into the sewer and it goes to the wastewater treatment plant. The wastewater treatment plant we have to treat as a living organism because it literally is with the bugs in the plant that take care of consuming the waste and help us do what we do out there. But sometimes an industrial user like this or Union tank or whoever big things like that can sometimes um discharge into the sewer things that can be harmful or deadly to our ecosystem out of the plant. So what this permit does is goes over everything all the parameters of um minimum levels of all kinds of chemicals with things uh with BPI so that they don't end up sending us anything that's going to be detrimental to the wastewater treatment plant. Um they're they can and will discharge water to us, but anything that's harmful under this permit they have to remove from their system on site. This permit also allows us periodic testing. Uh we can go on site and take samples and make sure that everything's okay on their end. Um Damon and I and Kelly, our wastewater treatment plant manager, have reviewed this permit. Uh we've had extensive meetings with uh BPI and they've been wonderful. they know their stuff and they are glad to be part of the community and they want to do it right also and make sure that they don't end up polluting the the plant or anything after that. So, this permit is basically an agreement to uh for them to take care of anything in their system that may be

detrimental to the sewer. Excellent. BPI has been, like you mentioned, has been a longtime community partner even though they've not been within the city limits. Uh, but we're thrilled to have them. They've been out north of town for quite a few years and it's a it's a great company. We've worked with Mr. Shirley and those we we appreciate their continued investment in our community and so this is excellent. If you have trouble sleeping tonight, read that whole thing. It's it's riveting, I'll tell you. I'm sure it is. I'm sure it is. For discussion purposes, I'll Is there an introduction on resolution 2611? I'll introduce with a motion to pass. Mr. Lyn with a motion. Is there a second? I'll second it.

Mr. Schmidt seconding. Any discussion? Couple questions. U what were they doing before they moved there? Before they were on a septic system or they were holding it and um ready services would come and dispose of it properly. Gotcha. And then and they'll continue to do that. If they have anything here on site that is not allowed, then they will tank it and ready will dispose of it properly. Okay. And then second question, I guess when it was carbon fiber, did they have a permit like this? They did not produce anything that would fall under the permit. Nothing in that permit. Got I think there's a few that do have the biggest one.

And we reviewed Union Tank a few years ago. So it's just basically that same thing. It is. Yes. Just protecting the plant from anything harmful. So, so is there a schedule that that that we test the the chemicals or test the water or whatever's the byproducts? There is. Yeah. Um, there's an outside point where everything comes from their building to one manhole that's outside and we can get to that anytime. Um, we will have a schedule when we go do it. Under the permit, they are also supposed to test on their own and send things to the lab on their own under on their own dime and report those results to us every month.

My biggest question is Kelly okay with all this? Absolutely. Okay. That's the man in charge out there. So, yeah. Yep. Yeah. He's been very much he wrote the permit and uh it's it's one we've used before and all the parameters are what we need and are also in line with city code which outlines it all as well. So say we can all do all what we want but at the end of the day he's the one that's got to deal with it. So yeah, he's he's been very much the head of this. Okay. I have a question. Um it brought up the the permit caps. BPI is a good company. Oh yes.

Yeah. Okay. And um just because the the fines are um at 1,000 per day violation are way below what we as Wyoming statute 35-11-91 allows penalties up to $10,000 a day. I'm assuming we're not exercising that because we have a historical right, a historical relationship with them and that we trust them. Um cuz general violations are up to 25,000 a day and not knowing BPI. I'm looking at you because I'm going those that's you know the the state is saying they can screw up hard with those numbers is how I read that with 25,000 a day violation for willful violations and the city's cap is only 10% of the state maximum um which is weak leverage for a permit allowing discharge of arsenic lead and mercury. So, I'm asking for I'm looking at those numbers where we're down here and I don't know whether that's just something that's uh we haven't adjusted for inflation and time because it's an older contract or it's something I'll shut up and you speak Gordon. I'm tired.

No worries. Um those are definitely some we can look at and maybe perhaps be more in line with with uh Wyoming state statute. But what I will say is BPI creates shampoos and conditioners and lotions and things that are already going down the sewer anyway when you wash your hair or whatever. So, um or not or not. Sorry.

Thanks. Couldn't help. I'm sorry. um EPI labs they met um in depth with their uh chemist biologist his name is stink Steve Coun and he matched Kelly in every bit of the knowledge and the experience and the things that they face and um this is very similar to what we've used with Union Tank and there was a time where we had to find Union Tank and that took care of the issue. What we also don't want is a industrial user who continues to go over and pay to pollute. We're not interested in that either. They need to to do it right. So, we've had no real issues with that other than some minor things with Union Tank, but I don't foresee anything like this coming up from BPI because we told we've talked about their products and uh they are more than willing and have done it in the past if there anything goes over they'll contain it and disposed of it properly. So, I really foresee no issue with that.

Um, one of the other things was a self-monitoring. you know, we we're relying on them to do a lot of self-monitoring. So maybe that's just something we want to take a look at with those numbers before this goes through so we can see why C cover your city. Um just in case because those are, you know, we're dealing with arsenic, lead, and mercury just the the self monitoring is somewhat misleading.

Okay. because they are allowed to take their own sample and it has to go to the lab and the lab is a third party who will verify what's in there or not and the lab sends that report to us every month. We also go do our own testing, own sampling, verifying that that what they're sending is is what we're getting. Okay? So, the self-verification is we're allowing them to do their own sampling, but we're not allowing them to just do their own sampling.

Understood. Um, I still like the idea of having the language of the the penalties, and they're a great company, so they're never going to get them. But there's certain things that I still don't want the taxpayers liable for if the tax and the other thing Gordon, my dad used to wear a t-shirt that said um God only made a few perfect heads on the rest he put hair. So, Amen.

I I I just want to make a comment. So, CO wasn't that long ago when we were all locked down and BP their employees volunteered and they put out you still see the hand sanitizer and stuff that they put out throughout our whole community. So I think they really want to be a good community partner. I've always seen that. So absolutely

I I think I'd just echo that BP has been a longtime community partner. Even though as I I mentioned uh knowing the the leadership and the ownership of BPI Labs the way I do, I have no no uh concern whatsoever that if there is an issue, Kelly will notice it. Uh and and uh if that information gets back to BPI for BPI for whatever reason, it will be corrected. I mean, I'm confident of that. So I I don't I I hear what you're saying, but I'm also confident that we we won't need to they'll they're they're going to be a good community or continue to be a good community partner. So

from everything that you're saying, I totally agree. Um but things break, things leak and those are expensive and you know, especially in costly in something like this and and that's not fair to uh the the taxpayers. I understand BP is a great company. That's not what I'm saying. I'm saying accidents happen and that's why those are there and maybe those should take uh take a look at that just to do what we do, which is to protect the taxpayer and not the company. We got to be hard asses on occasion. Understood. I'm sorry.

What's that? I know where the original facility. But where is this new one located? The old carbon fiber building. The old carbon fiber building. Oh, really? Yes. If there's no further discussion, uh, all in favor say I. I. I. I. Are there any opposed? That is approved. Thank you, Gordon. Resolution 2612, Mr. Harris, please.

Thank you, Mayor. Resolution 26-12, a resolution of the city of Evston, Wyoming, authorizing the execution of amendment one to the cooperative agreement with the Wyoming Department of Transportation for the rehabilitation of the Bear River Bridge on Bear River Drive in the city of Evston, Wyoming. Thank you, sir. Mr. Newsome.

Good evening. Uh back in August of 2025, we went into an agreement with W DOT to to work on what I I'll call structure BJV, the the bridge that's right behind uh Bar River Dental. Uh within that agreement, they they they earmark a project number specific to the work that would be associated with our our project. Um the intent of this change order is to change the project numbers. That one that was listed in there is for a bridge replacement over in Fort Bridger. There's a better, in my mind, project to tie that to. And the formality of just changing the project number is all that this amendment is doing. It's the same intent. That's just a number on a piece of paper.

Clarifying the bridge. Clarifying the main project that W dot was going to tie it to to another one that's more more local. Excellent. Is there introduction on this resolution? I'll introduce with a motion to pass. Mr. Sers of the motion. Is there a second? I'll second. Mr. Lynn seconding discussion. If there's no discussion, all in favor say I. I.

I. There. Any opposed? That is approved. Thank you. Thank you. And now we'll have that amendment uh to award the low bid to Geneva Rock Products for the 2026 street maintenance project. Mr. Newsome, you'll explain that to us, I imagine. Yeah. So, uh on the 26th of March, we opened the bids for the upcoming overlay for the the town. And uh the low bidder was Geneva Rock. And so, we're hoping to enter an agreement with them so they can do that work this year. Excellent. Street maintenance is an expensive proposition. Always is. And

it is job security, but uh yes, it does come at a cost. But in in all reality, they they they sharpened their pencil and gave us a good price. Good deal. I'll entertain a motion to award this bid. I'll make I'll make that motion. Mr. Schmidt making the motion. Is there a second? Second, Mr. Lynn. Seconding. Discussion. So, I know Geneva Rock. Um, but has the city ever worked with these guys? I know they're around. I'm not aware of any specific projects. Yeah. But they're big like u you know a staker.

Yeah. No, I'm familiar with them who they are. I'm just um but I don't know if we as a city have played with them. Just trying to think if we had or not. I'm kind of I'm drawing a blank if we've ever used them. I mean, they're they're a big company, reputable company, but I don't know that we've ever that I remember anyway. Well, them and Stack are two of the biggest in the in the area. So, I'm assuming they know what they're doing. I was just curious if we had any previous work with them.

I knowing how big they are and just the other work that they've done, granted, not here in the city of Evston, but I have no no reservation with with them at all. If there's no further discussion, all in favor of this bid award uh say I. I. I. Are there any opposed? That is approved. Now we'll do resolution 2613. Mr. Harris should read that title for us, please.

Yes, mayor. Resolution 2613 is a resolution of the city of Evston, Wyoming, authorizing the execution of an agreement with Geneva Rock Products, the Utah Corporation for the completion of all work required for the 2026 street maintenance overlay project. Thank you, Mr. Nome. I guess once we've awarded the bid, we might as well let him do it now, right? If you'll sign the agreement, I'll get it to him and uh get that ball rolling. Okay. Is there an introduction on this resolution? I'll introduce with the motion pass. Mr. Sers with a motion. Is there a second? Second. Mr. Lynn seconding. Discussion.

I guess where where's where are we focusing on? Um it is shotguned out there. There's 10 road sections. Uh a bulk of what we're trying to do is is up in Red Mountain. I could never find where we've been up there in a long time. Okay. And uh having that be a one way in, one way out to gets a lot of traffic. So, a fair amounts on Red Mountain. Uh there is some down on uh Commerce Drive in the industrial sections. Uh going to do the little stub street on Second um Arby's area kind of like we did last year. Okay.

Um and then two little road sections over in the Aspen Groves area. So 10 10 total at this point. So when somebody comes to me going, I got a pothole over here. When are we going to fix it? I was just curious where we're going to do this stuff. So understood. Uh yeah, if we can keep doing this year after year, we start whittling them down. But uh you just tell them it's on the schedule. Schedule. It's coming. Yeah, it's coming. Yeah. I don't know if you got the plans. I I don't know if you're able to open them, but that's that's the sections we're trying to hit. So, he's got a truck. Push that to the back.

Any further discussion? If there is none, all in favor say I. I. I. Are there any opposed? That's approved. Thank you. Thank you. Resolution 2614. Mr. Harris, read that title for us, please. Thank you, Mayor. Resolution 2614 is a resolution the city of Evston, Wyoming, authorizing the execution of the employer plan selection and notice and acknowledgement required by the Wyoming educators benefit Trust WT to continue the city's medical plan for city employees. Thank you, Midling.

This is our annual um medical vision and life insurance that we do through WBT. We've been with WEBT for 20 years. Our average increase over those 20 years has been about 6.2% which is not bad. This year the increase is 5% less than I was expecting actually. Um that is an additional cost to the city and to the employees but not a whole lot. Um they it's the same $1,000 deductible plan 8020 after that. Uh they've added a few preventative items but nothing's been taken away. So, just looking for approval to renew our medical insurance.

Sounds good. Insurance is always a and I guess I I'd have to say I think often times we don't realize what a benefit insurance is as far as uh the employment package goes to uh it is it is an incredible um a huge expense to the city but a incredible benefit and needed for our needed for the employees and it's it's seems like it's always going up but that's the So is there a introduction on this resolution? I'll introduce with a motion to pass. Mr. Lynn motion. Is there a second? I'll second it.

Smith seconding. Discussion. I would like to say that it when they give you a 5% increase and that's more than average inflation and you're supposed to be happy with it. We need to fix our health care system. But that is true. I guess we'll take 5%. Yeah, I'll take that over 13 or Yeah. Yeah. 20. Cuz you want you wonder how many years do you how many years do you have a 5% 5% before it reaches 100%. Increase over over the course of the number of years. But uh but yeah. Well, we have a saying in sales. We'll gladly raise the price and give you a discount. You will. Absolutely.

That's what it feels like. Yeah. Yeah. Any further discussion? If there is none, all in favor say I. I. There. Any opposed? That's approved. Thank you. We'll go now to ordinance 263. Mr. Harris, please.

Thank you, m Mr. Mayor. Ordinance 263 is an ordinance granting a franchise to All West Wyoming, Inc. on behalf of itself and its affiliates known as West to operate and maintain a telecommunications system in the city of Evston, Wyoming. This is before the body on first reading sponsored by councelor Sellers. Uh there is no there are no changes uh to what you saw in the um work version at the work session. Okay. This is a telecom side 3% 10 years.

Okay, there was our work session um issue this last week. I think we're remember that discussion. I'll Mr. Sers is sponsoring this. I'll entertain a motion to approve ordinance 2603 on first reading. I'll make that motion and I'll second and Mr. Seller seconding discussion. I guess before you get into all your questions,

I just have I just I just have one one question. As we talk about roads and we talk about the entrance ways, one of the biggest things that I get from people is the entrance ways into our community. I would really like to see some way that I know this I've asked the question several times that this money goes right into our general fund, but I'd really love to see if there was a way we could use earmark this money in some way to maybe we do 12 roads instead of 10. Maybe we do we make it so those plants where we tried to plant and they've struggled that we could do something more with with that. I mean, I know the telecom's very little money as a whole, but I'm just thinking it might be if we could take some of that money and do some of those things with it, we can use I mean, it's it's designed to be used for when things are torn up and destroyed. I just think it it would be a way nice to make that that that help that happen. Well, I guess

and I know that's not on the I know that's not on the the part of the of the contract as we're looking at it, but I think it's something we could do as a city.

I guess in response to that, I would just simply say I think I think that's what would be done. Uh these funds would go into our general funds. The expenditures that you're talking about would would be general fund expenditures. And if there is an influx of funds into into our general fund, then it would allow us more opportunities to do exactly what you're talking about. So whether or not it's spelled out clearly uh you know in the budget process is would remain to be seen. But I think an influx and I if I misspeak Trudy can correct me but an influx into our general fund would allow us the opportunity to accomplish more with general with general fund projects. And and so I think what you're talking about is a good thing. I think in essence that would be the case whether or not it was earmarked necessarily.

Yeah. And I I understand that. But if I think it's easier for everybody that's paying those fees to understand that this this is really what it's going to be used for and this is what so and I just think I think coming into our community and one of the biggest complaints I get is is why do we look so drab coming into our community? And I just think it's a way we could really get some big bling for our money. And so that's just my comment.

You have I mean I would agree with you Mike that in a sense that this stuff is supposed to go to infrastructure there's we should ear mark it somehow. I mean I get the whole in the general fund out of the general fund but to ear market it somehow would be nice to make sure that it actually does go to infrastructure. But I was going to say, Mark, there there's a slight difference between this one and say the one we did with visionary. Could you just hit some of the high points that are the differences between these two contracts? Uh that make it easier

in the in the telecom. Um I don't think I can recall maybe two changes. I think they were uh they were not substantial at all, but without going in and looking at my red line, uh there were hardly any changes in vision all the way around. Okay. On the telecom side now, when we get to Yeah. When we get to the other one, but I mean I don't I know I know that the all west gentleman said there was a little bit different but nothing really

No point. And and in in fact, Mr. Mayor Council in the in the areas again non-discriminatory uh promote competition uh and not thwart competition. Uh those key factors terms the term length uh the fee structure are identical. Um so we're avoiding any argument there. Um, and I'm I'm trying to think that uh I'll I'll I'll look up that change and let you know by second reading what that was. Okay. Yeah. Just so that we can clarify if there's a difference just so that we

in all major respects and in the important respects they're identical. Okay. Did you have something to show?

I just have a comment on that also, Mr. Harris. Um, I read I read the um contract for All West and the contract for Visionary. Again, reviewed them both and I found I found 10 different segments in the in the differences in different language and u and I can point them out to you if you you know if you would like so you can review them. So, I just had questions on those 10 items of why why they're different than All West and Visionary when I thought they were basically the same type of business.

And you and I would be happy if you would get me those. I'd be happy to address those. And you have to remember one deals with telecoms and one deals with cable. the the I've got questions on the cable, but I this is just on the telecom that I I compared both of them and there's like I say 10 different se sections that are different. Okay. If you get that for me, I'd be happy to. Thank you. If uh there's no further discussion, all in favor of ordinance 2603 on first reading say I.

I. Are there any opposed? That is approved on first reading. And we go now to ordinance 2604. Mr. Harris, read that title for us, please. Yes, Mr. Mayor. Ordinance 2604 is an ordinance granting to all West Wyoming, Inc. its successors, and assigns the right permission and authority to construct, install, maintain, and operate a cable system in the city, limiting the term of said grant, and prescribing the terms and conditions under which said company may operate. This is uh an ordinance sponsored by councelor Sers and it is on first reading. Thank you sir. This applies to the cable side.

Yes. Has a 5% fee 10-year term for uh discussion purposes. I'll entertain a motion to approve ordinance 2604 on first reading. I'll make that motion. Sers. Is there a second? I'll second. Mr. Smith seconding discussion.

I do have a couple of questions for Mr. Harris again on this one. Um on the underground under 9.2 underground construction. Um I was reading and I don't know if it's because it's cable and the other one is telecommunications. Um I was just wondering on 12 126 of uh the telecommunications U one, it it outlines where we have the city may allow the city to either share the trench or lying laying of its own facilities to the extent feasible possible and so on. I was just wondering I didn't see if that in the tele or in the uh cables portion of it. Is that something that should be added? So we we are able to if if there's a trench opened or cable going in that we can extend our our uh electrical lines, whatever it is that we're putting underground.

Mr. Mayor.

Yes, please. Um, councelor Smith, I will ask that question. However, I believe that the answer is, but I will definitely find out uh that uh the telecom provision at 12.6 uh is in both of the visionary and all West agreements. That's the ability to um request that the franchise holder put in um telecom lines at their at an incremental cost as requested by the city. So if we had a project, we would ask them to put it in only atre incremental cost, not the full cost of if if of if it were retail, so to speak, we're putting them in. Um my suspicion is is that that doesn't apply to cable cuz that's a that's a that's a visual tele service and we don't have those kind of requests for co.

Oh well I I don't I just didn't know if it you know if it's something that we need if it's the trench is open and it can be utilized and we can lay our cables or change whatever we need to change that it should be added if if it's possible. And then the the only other thing I is on the amount of the fees again the 5% I know that presently under the old contract or the present contract it's 2% and they said it's 1%. It's one they're each one

okay that they said that that was negotiable. Um, and I would still put out that I think we should negotiate that so that there's not more cost going to the consumers if that's possible. Mr. Mayor, please counselor. We proposed uh 5% and they accepted five. And what I'm sorry, we proposed five% and B West accepted five. So, we didn't negotiate it, but that's what they we offered and they accepted.

And isn't cable as a when I talked to them at the um work session, it was only like 2 to 4% of the business. I believe that cable was really becoming obsolete. Was the deal. Mr. Mayor, members of the council, if I recall correctly, in our first I think we had a a uh Microsoft Teams meeting, Mr. Corollo and Mr. Gonzalez were on the the call and I believe they said they have 125 cable connections in Evston. So, that's an indication of what we're talking about. Yeah. Yeah.

Small, huge. They did indicate that they felt like it was still a viable business though. Yeah. Cut them off. Do we have any other agreements with anybody else for cable or is this the only one? I believe this is the only one, Mr. Mayor. I'll bet it is. I bet it is. I think we might Well, for cable TV. Yeah, I bet it is. I think it started, he indicated, Mr. Mayor, in the late '7s. Well, in the 70s with cable system and it's been assigned and assigned and assigned redone since then. Any further discussion?

I have one thing um on section 18 transfer of franchise. I'd like to workshop that at the next work session because that is my biggest concern with uh these agreements and how their ability to be sold and um eliminate the city from that and and they put the language and I'm very appreciative that they put some language in there in the front after the discussion at the last work session but the bottom we really need to be able to discuss how we feel about them selling it and then we would be out. And my thing is uh the biggest concern in the community that I see is data centers and what they do and so they could absorb all west as um and then we've already granted the franchise uh with this language on the bottom. So, it's just something to workshop um and go through and see how we all feel about that because if they sell that uh on the bottom end of that section, um essentially we don't have any say in what goes on and so that could just open it up.

Go ahead. Sorry. Sorry I interrupted you, counselor. Mr. Mayor, uh, my I'm I don't find a section 18 in the cable bill. Oh, I'm sorry. I must be back up on the on the

I see section 12 in the in the cable ordinance on page eight. And it does provide that uh if the grantee sells, transfers, or assigns or otherwise encumbers without written permission from the city, uh they need our permission to do that. and we have the authority to withhold our consent as long as our withholding of consent is reasonable. So we do have the authority to say yes or no um on an outright uh sale transfer or assignment. There are exceptions from the requirement. A transfer or an assignment to an entity that purchases all or substantially all of the grant's assets that is uh that's all west that's exempted uh from that um or any incumbrance to an entity controlling or controlled by the common control with grantee. So those common control uh sale of substantially all the assets are pretty common in commercial transactions uh in in corporate practice uh because if you're selling substantially all your assets, you're basically making an assignment of uh the business itself. So we're covered uh for everything but a sale of substantially all the assets and an incumbrance by one of its entities who assumes uh the obligations uh of the grantee under this particular ordinance.

And I apologize profusely. I'm not used to working off my computer. That's why it printed off every time. And I am reading section 18 from the telecom. But my the the basis between the two is the same. We're making an agreement with All West and if they choose to We're not making an agreement with any company. They choose to um uh transfer assignment encumbrance or entity controlling control all that language. We're not making we can't choose that. This is the agreement between us and all West and that's the language that I think that we should workshop just because if they sell it we need to or they merge, reorganize, consolidate all the rest of the stuff which is the bulk of what a company can do versus just sell it outright. Um we should have a say in who we're dealing with.

I think this section 12 does protect us there though, does it not? Mr. Mayor, I think we're covered up on the sale, transfer, uh, or assignment. And let me just check. Um, we do have the right good concern, valid concern, but I think we're Any further discussion? I Okay, to that point then, how come like section 12 in this cable thing, how come that's not in the telecom one? It is in the telecom. It is in the telecom one. That's and it should be the exact same length. Section 12. I'm It's section 18. That's what I pulled out there. Section 18 and the other. Okay. So, I'd have to pull that other one up.

It is in both the telecom and the cable. Yes. Yes. Okay. I believe so. That's correct, Mr. Mayor. Perfect. If there's no further discussion, all in favor of ordinance 2604 on first reading, say I. I. I. Are there any opposed? That is approved on first reading. Departments. Mr. Robinson, you have anything for us tonight, sir? More. Mr. O'Neal? Nothing. Mr. Bro, you have anything for us from the police department? Nice to see you tonight. Miss Lim, no sir. Mr. Newsome? No, sir. Miss Harris, no. Sir, Mr. Harris,

I do, your honor. Um, we have lost our municipal court judge. He has been appointed as a circuit court judge uh for the third judicial district in Sweetwater County. He will be assuming uh the court in Rock Springs uh as his duty. So, uh, we are working with Judge Stout now on, uh, uh, when he will start, uh, his new position and, uh, we're in the process of gathering information to move forward with a replacement.

And we're we're excited for Judge Stout. We're going to miss him. We've appreciated his service, but I I suspect uh, from a lot of different angles, it wasn't a tough decision for him to make. I wouldn't think. But but yes, I appreciate that. We'll need to move on that fairly quickly to uh to keep up with what we need going on in our in our city court. So, we appreciate him and we'll be trying to make some changes there very soon. Miss Larson back there. I saw you come into the room when we're I passed you up. So, is there anything that you have for us tonight?

Excellent. Okay. Thank you. Public participation. Is there anyone from the public that would like to address the council for any reason tonight? There's none. I'll entertain a motion to adjurnn. I'll make that a motion. Mr. Sers, is there a second? Second. Mr. Smith seconding. All in favor? I. We are adjourned. Thank you, everyone.