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Public Notice #12115

Posted

RECORD OF PROCEEDINGS FOR THE GOVERNING BODY OF THE

TOWN OF WHEATLAND

A regular meeting of the Council for the Town of Wheatland, Platte County, and State of Wyoming was held on June 8, 2026, pursuant to the law. Mayor Graves called the meeting to order at 7:00 p.m. 

The following were present at roll call: Mayor Graves, Councilmen Mixson, Evans, Perkins and Kaufman. Clerk/Treasurer Tabitha Enniss and Attorney Doug Weaver were also present. 

Mayor Graves presented the agenda with amendments. Councilman Mixson motioned, seconded by Councilman Evans, to accept the agenda. Motion passed 4-0. Emily Mauss was sworn in as Patrol Officer with the Wheatland PD. Councilman Evans motioned, seconded by Councilman Mixson, to accept the consent agenda and place it on file. Motion passed 4-0. May’s vouchers approved by the Council are as follows: 21st Century Equipment LLC, 661.67,cemetery vehicle maintenance, Absolute Solutions,1,248.57,PD Equip, Acme Tools,364.98,Streets water tank kit, Alexander Construction,469.40, sand, Alsco,296.44,Transfer station mat rentals, Amped Electrical Solutions LLC,8,705.53,Black Mountain Tower generator, Ardurra,23,101.78,apron reconstruction, Black Hills Energy,1,607.78,heat, Bloedorn Lumber - Wheatland,81.22,wasterwater supplies, Blue360 Media LLC,207.74,WY criminal and traffic law books, Bob Ruwart Motors,285.15,Unit 11 maintenance, Border States Industries, INC,20,347.01,electric equipment, Capital Business System INC.,968.42,shop copier, City of Torrington,32,175.52,Tipping Fees, 12 trips, ClingerHagerman, LLC,13,500.00,financial statement, Connecting Point,16,208.80,It Support, Core & Main, 17,203.75,water supplies, Creed Fuels, LLC,14,525.66,Fuel and gas, Crescent Electric,207.16,electric supplies, DBC Irrigation Supply,112.37,parks sprinkler parts, Energy Labs Inc.,380.00,Effluent Testing, Engineering Associates,109.18,planning, Enniss, Julie,300.00,Cleaning shop, Evans, Jason,150.00,Town Council, Fat Boys Tire & Repair,43.00,wastewater vehicle maintenance, Fired Up Rescue, 1,461.33, nozzle repairs, First Bankcard,3,348.80,Sanitation equipment, First State Bank,60,000.00, health claims, Footprints Concierge’ & Personal Service,150.00,fd cleaning, GoTo Communications,564.25,admin phone, Graves, Brandon,750.00,Town Council, Hawk Equipment Services,2,290.00,transfer station CO detectors, Hawkins INC,80.00,chlorine cycl rentals, Ideal,153.00,Coveralls and towels for shop, JDC Investigation,350.00,backgroud investigation on new hire, Joe Johnson Equipment,4,976.29,Streets vehicle maintenance, Kaufman, Joshua,150.00,Council Meeting, KYCN Radio,200.00,advertising, Landis + Gyr,1,425.00,Monthly Flat Fee, Lee’s Environmental,10,500.00,Trash hauling, Lingo Communications,419.06,2 months Phones, Marks Plumbing Parts,211.08,Parks toilet parts, McElmurry, Jeanie R,350.00,cleaning town hall, Meritain Health,34,284.32,health insurance, MES - Rocky Mountains,394.29,Scba service, Mixson, Kelly,150.00,council meeting, Mountain West Technologies,936.60,fire department, Mutt Mitt,872.89,Dog waste bags, NAFTO,375.00,FTO Basic training officer, Nebraska Print Works LLC,118.00,blank stock paper, NORCO, INC,129.26,cylinder rental, welding supplies, Oliver, Zachariah,1,600.00,Electrical Inspector, O’Reilly Automotive Inc,38.20,Vehicle Maintenance, P.C. PARKS & RECREATION,9,722.28,repair and maintenance, Perkins, Scott,150.00,Town Council Meeting, Pitney Bowes Global,206.31,Postage Machine Rental, Pocket Press LLC,45.96,wyoming criminal/ traffic laws, Primo Brands,188.14,PD Water, Quill Corporation,677.19,f,d, admin supplies, Record Times & PC Merchant,459.26,liquor license notice, Rock Solid SST,15,011.99,equipment, Sargent Drilling Co,4,481.50,electric motor, Simon Contractors,180,045.17,Airport Apron Project, Sirchie Acquisition Company, LLC,160.59,EVIDENCE/ investigation supplies, Skaggs Companies, Inc,471.90,PD Uniforms, Southeast Wyoming Weed Control,21,386.05,pd weed and pest, Stalker Radar,25,604.50,misc equipment, State of Wyoming, 14,848.45,Utility Sales Tax, Stitches & Ink,72.00,PD Patches, Super Vacuum Manufacturing, 3,525.00, Graphics, Symbol Arts,2,252.00, badges, Tds Collection Service Inc.,7,550.40,c & d rolloff, Terminix,50.00,city farm, The Pie Tin Bakery and Catering,80.00,meal, The Tire Shop,60.84,Sanitation vehicle maintenance – tires, Thrifty Foods,129.68,shop supplies, T-Mobile,897.66,Mobile internet-PD, Trihydro Corporation,2,509.36,Environmental Monitoring, Turf Master LLC,1,495.95,whole 90/10 fescue, Usa Blue Book,862.94,water supplies, Valli Information System INC,1,265.95,mailing of bills, Verizon Wireless,379.48,mobile phones and internet, Vortex Optics,1,727.92,PD equipment, Western United Elect. Supply,5,268.47, elite photo control. Wheatland Ace Hardware, LLC,817.48,shop supplies, Wheatland Automotive,2,440.59,shop supplies, Wheatland Fire Department Foundation,93.24,Chain saw fuel, Wheatland Garage Door LLC,404.20,16th st shop door, Wheatland R.E.A.,5,341.49,Water Dept Electric, WWC Engineering,14,424.26,Pathways, Wyoming Assn of Municipalities, 540.00, convention Registration KM, Wyoming Local Government Liability Pool,24,123.00,membership renewal for FY 27, Wyoming Machinery Co,464.92,streets - vehicle maintenance, Wyoming Municipal Power,225,106.18,Purchased power, Wyoming Retirement System,318.25,firemens retirement, Wyoming Workers Compensation,474.83,fire workers comp, payroll, 181755.56. Total 1037429.44 PUBLIC COMMENTS: There were no public comments, petitions, memorials or proclamations. UNFINISHED BUSINESS: Councilman Kaufman motioned, seconded by councilman Mixson to pass and approve this ordinance 860 on third and final reading. Motion passed 4-0. TOWN OF WHEATLAND ORDINANCE NO. 860 AN ORDINANCE AMENDING SECTION 15.05.030 (a) UPDATING THE REFERENCE TO THE ADOPTED INTERNATIONAL BUILDING CODE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WHEATLAND, WYOMING THAT SECTION 15.05.030 (a) IS HERE BY AMENDED AS FOLLOWS: 15.05.030 Additional smoke detectors required.(a) In addition to the smoke detectors required by the International Building Code as adopted by the town of Wheatland, an additional smoke detector shall be placed in each furnace room, or if the furnace is not located in a separate room, then the smoke detector will be adjacent to the furnace location.(b) The smoke detector shall be operated by electricity, with a battery backup.(c) This additional smoke detector shall be required for all new construction, and shall apply to any and all remodeling that exceeds $1,000. [Ord. 674 §§ 1 – 3, 1999.]Passed and approved this 13th  day of April, 2026 on first reading. ,Passed and approved this 11th  day of May, 2026, on second reading. Passed and approved this 8th day of June, 2026, on third and final reading. S/N:  Mayor Brandon Graves Attest:  S/N:  Clerk Tabitha Enniss Councilman Mixson motioned, seconded by Councilman Kaufman approve ordinance 861 on third and final reading. Motion passed 4-0. ORDINANCE NUMBER #861AN ORDINANCE AMENDING TITLE 13.40 OF THE CODE OF ORDINANCES OF THE TOWN OF WHEATLAND, WYOMING ENTITLED “BUILDING REGULATIONS” BY CREATING CHAPTER 13.40.150 MODIFYING AND REORGANIZING THOSE PROVISIONS GOVERNING THE IMPLEMENTATION OF A SOLAR ACCESS PERMIT SYSTEM, ESTABLISHING A PROCEDURE FOR PERMITTING AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE GOVERNING BODY OF THE INCORPORATED TOWN OF WHEATLAND, WYOMING: Section 1: Title 13.40 of the Code of Ordinances of the Town of Wheatland, Wyoming is hereby amended by creating Section 13.40.150 entitled Solar Access Permit System to read as follows: CHAPTER 13.40.150, Building Regulations, Solar Access Permit System § 13.40.150.010. Purpose, Authority, General Provisions(a) The purpose of this chapter is to protect the health, safety and general welfare of residents of the town by encouraging the use of solar energy systems. The intent of this chapter is to provide a means of protection for the use of solar collectors without causing undue hardships to the rights of adjacent property owners.(b) Authority is granted cities and towns by Wyo. Stat. Sections 34-22-101 through 106 to regulate and permit solar energy systems.§ 13.40.150.020. Definitions The following definitions shall apply in the interpretation and enforcement of this chapter:(a) “Potentially affected owner” means the owner of record or contract purchaser of record of any real property which is, or may become, burdened by a solar right established by this chapter. (b) “Solar collector” means one of the following, which is capable of collecting, storing or transmitting at least twenty-five thousand (25,000) BTU’s on a clear winter solstice day: (i) A wall, clerestory window or skylight designed to transmit solar energy into a structure for heating purposes; (ii) A greenhouse attached to another structure and designed to provide part or all of the heating load for the structure to which it is attached; (iii) A trombe wall, drum wall or other wall or roof structural element designed to collect and transmit solar energy into a structure; (iv) A photovoltaic collector designed to convert solar energy into electric energy; (v) A plate-type collector designed to use solar energy to heat air, water or other fluids for use in hot water or space heating or for other applications; (vi) A massive structural element designed to collect solar energy and transmit it to internal spaces for heating; or (vii) Other devices or combination of devices that rely upon sunshine as an energy source. (c) “Solar right” means a property right to an unobstructed line-of-sight path from a solar collector to the sun which permits radiation from the sun to impinge directly on the solar collector. The extent of the solar right shall be described by the illumination provided by the path of the sun on the winter solstice day which is put to a beneficial use or otherwise limited by city ordinance or state law. (d) “Winter solstice day” The solstice on or about December 21st which marks the beginning of winter in the northern hemisphere and is the time when the sun reaches its southernmost point. § 13.40.150.030. Permit Required (a) A solar access permit must be issued before a solar right may be established under this chapter. (b) A solar access shall be granted for any proposed or existing solar collector which complies with the requirements of this chapter, other city ordinances and state law. (c) Solar rights shall vest on the date the solar access permit is issued which date will also be the priority date of the solar right. The solar collector must be put to beneficial use within two years of that time, except additional time may be granted by the governing body for good cause shown.§ 13.40.150.040. Permit Application – Fees (a) Any person desiring to obtain a solar right must first make application to the Town Clerk for a solar access permit, including a System Diagram (see Net Metering Standards). A permit application for a solar right will consist of the following materials: (i) An original completed solar access permit application form provided by the Town Clerk’s office; (ii) The names and addresses of all potentially affected owners; (iii) An original site plan drawn to scale showing at least the following detail: (A) Title block containing the owner’s name, street address of the site and use of the structure(s), (B) North arrow, scale, and date of preparation of the plan, (C) Names of all adjacent streets, (D) Dimensions of property, (E) Legal description of the parcel of property to be benefitted by the solar access permit, (F) Dimensions, heights and location of all fences, walls, and other structures on the site and on the real property of all potentially affected owners, (G) Location, height, and type (common name) of all trees, bushes, and shrubs on the site, and on the real property of all potentially affected owners, (H) Legal description of the parcels of real property belonging to potentially affected owners which would be burdened by the solar access permit, (I) Design, construction, and orientation of solar collector, (J) For existing solar collectors, the first date the solar collector was beneficially used, (K) Such topographical information and engineering calculations as may be necessary in the governing body’s discretion to document the solar right. (L) Degree line from base of collector, as measured above the horizon. (M) System Diagram that follows the Town of Wheatland adopted Net Metering Standards. (N) Electrical Inspection and Net Metering Checklist must be completed before approval of the Customer’s generator being tied to the Town of Wheatland Electrical System.  (O) Signature block for Mayor or designee’s approval. (b) Any person desiring to obtain a solar right will, in addition to making application to the governing body for a solar access permit, publish, at his or her own expense, a copy of the notice of the application in a newspaper of general circulation in the city once a week for three consecutive weeks, and furnish proof of said publication to the Town Clerk. The notice shall state that a named applicant has applied for a solar access permit; the street address of the proposed solar collector; the type of solar collector to be constructed; the date, not sooner than ten (10) days after the last date of publication, which a person or persons may file written comments with the governing body with respect to the issuance of the solar access permit. § 13.40.150.050. Application Review Upon filing a permit application, the Public Works Utilities Director will review the application and site plan and any comments received thereon, inspect the site of the proposed or existing solar collector, and will cause the applicant to make any necessary corrections and additions to the permit application and site plan. The Town Clerk will ensure that a copy of the application has been published in accordance with the provisions of Section -1004. § 13.40.150.060. Notification of Issuance or Denial – Appeal (a) After a decision to issue or deny the solar access permit by the governing body, the Town Clerk’s office will notify the applicant and all potentially affected property owners by letter advising them of the decision as well as their right to appeal. (b) The decision of the governing body may be appealed to by any person or agency affected by any such decision. An appeal must be made within thirty (30) days from the date of the action by filing a written notice of appeal with the governing body. The notice of appeal must specify the grounds for the appeal and contain a list of all potentially affected property owners. A copy of the notice of appeal shall also be filed with the Town Clerk and that office shall transmit to the governing body all original documents, or true copies thereof, constituting the record upon which the action appealed from was taken. § 13.40.150.070. Issuance of Permit (a) If no appeal is made, the Town Clerk’s office will issue a solar access permit to the applicant after thirty (30) days have elapsed from the date of the written notification of the governing body’s decision to issue the permit. (b) All solar access permits issued must include a legal description of the real property benefitted by the solar access permit. (c) All solar access permits issued must also include a list of all potentially affected owners and a legal description of the parcels of real property owned by the potentially affected owners which are burdened by the solar access permit. § 13.40.150.080. Restrictions on Solar Rights (a) Solar collectors must be located on the solar user’s property so as not to restrict the uses of the neighboring property unreasonably or unnecessarily. (b) The solar right to radiation of the sun before nine a.m. or after three p.m. Mountain Standard Time is de minimis and may be infringed without compensation to the owner of the solar collector. (c) A solar right which is not applied to beneficial use for a period of five years or more will be deemed abandoned and without priority. (d) The priority of new construction with regard to interference in solar rights will vest as of the date of application for a building permit. § 13.40.150.090. Prior Existing Uses (a) Structures or vegetation which existed prior to the time of installation of a solar energy collection system, or the effective date of this chapter are not subject to the requirements of this chapter. (b) Structures or vegetation which have been damaged by fire or a natural disaster may be restored to their original condition, if the work commenced within one year of the fire or natural disaster; in addition, normal and routine maintenance of structures may be performed. § 13.40.150.100. Variances Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree or other vegetation, or otherwise use his or her property, not in conformance with this chapter, may apply for a variance from the governing body. A variance will not be approved by the board unless it finds the literal enforcement or application of those regulations would result in unnecessary hardship. § 13.40.150.110. Enforcement Once a solar collector conforming to the regulations of this chapter has been constructed, the permit has been issued by the Town Clerk’s office, a solar property right shall be deemed to have been established pursuant to Wyoming Statutes, Sections 34-22-101 through 34-22-106. Violation of the permitted and recorded solar right is a violation of applicable civil law. The Town will not intervene in disputes over the use of solar energy. The customer shall assume the full responsibility for all maintenance of the generator and protective equipment and keeping records for such maintenance. These records will be available to the Town of Wheatland at any and all times. (e.g. stored in panel or weather proof nearby and clearly labeled as such.) Section 2: Effective Date. This ordinance shall be in full force and effect upon execution and publication. This ordinance shall become effective as of the 3rd and final reading. Passed and approved this 13th day of April, 2026 on first reading. Passed and approved this 11th  day of May, 2026, on second reading. Passed and approved this 8th day of June, 2026, on third and final reading. S/N:  Mayor Brandon Graves Attest:  S/N:  Clerk Tabitha Enniss NEW BUSINESS:. Councilman Mixson motioned, seconded by Councilman Evans to approve a 3-year agreement with TDS for construction and debris. Motion passed 4-0. Councilman Kaufman motioned, seconded by  Councilman Perkins to accept the agreement with Guardian Background Investigation and provide Chief Otte the ability to sign the agreement. Motion passed 4-0. Councilman Mixson motioned, Seconded by Councilman Kaufman to approve the budget for FY 27. Motion passed 4-0.RESOLUTION #06-2026 A RESOLUTION PROVIDING FOR THE APPROPRIATION OF FUNDS TO DEFRAY ALL THE NECESSARY EXPENSES AND LIABILITIES OF THE TOWN OF WHEATLAND, WYOMING SPECIFYING THE OBJECTS, PURPOSES AND AMOUNTS OF SUCH APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2026, AND ENDING JUNE 30, 2027. Councilman Perkins motioned, seconded by Councilman Mixson to approve the 2026 Fireworks permit request from Thunder Fireworks. Motion passed 4-0. Councilman Kaufman motioned, seconded by Councilman Evans to approve 2026 firework permit form Wheatland Fire Department and waive the application fee. Motion passed 4-0.

Councilman Mixson Motioned, seconded by Councilman Evans to adjourn into executive session for discuss of real property acquisition/purchase at 7:20pm. Council adjourned out of executive session at 7:55 pm with direction given to Josh Morris on a hanger purchases agreement. With nothing further to come before the Council the meeting was adjourned at 7:56 p.m. S/N:  Mayor Brandon Graves Attest:  S/N:  Clerk Tabitha Enniss

Public Notice No. 12115 published in the Platte County Record-Times  June 17, 2026