Council votes to deny home business

At the May 4 Thermopolis Town Council meeting, a previously tabled issue involving a home occupation business zoning request from Brad Bercerra and his auto detailing business, was brought back to discussion.

Council member Tony Larson repeated his comment that he has never received this many letters of disapproval of a business. He added that not all the boxes were checked in Becerra’s application and he said, “I can’t see to approve it according to policy.”

Mayor Chimenti added that not all the requirements were met on the application. He then opened the discussion to the public. Kim Black spoke up and said that she wishes Becerra the best of luck on his business but not in a residential area and that she received a cease and desist letter telling her to not say anything about it and that there is no cause for such a letter.

Bercerra replied to Black, “I would like to know the reasons why you think I should not be able to do my business in my garage.” 

Black answered that her letter given to the council was not private and was available to everyone involved. She said her letter gave the reasons and she did not have it in front of her. Black continued with her objection to his business because of the higher level of in and out traffic to his business. 

Bercerra said Black’s complaint is about not having a business in a residential area. He said, “Are you not aware even a half a block away you have two businesses currently that are full time businesses operating within our block frame in a garage.”

Bercerra then turned his attention to the council and said, “Fred [Crosby] said his job is to enforce the town code. I’ve already proven that the town code has been broken for many years. Past practice shows that the town, that anybody on the board, that’s you.”

Mayor Chiment interrupted Bercerra saying, “The first thing you need to understand is that what has happened in the past prior to this council has no bearing on this application. You’re appealing to this board, not boards in the past. So what happened in the past has nothing to do with the other businesses that were established at that time prior to this board or this council. So let’s stick to that.”

Becerra again brought up past practices and Mayor Chimenti requested again to him to not refer to past councils. Bercerra then brought up the letters and relationships of the people involved, commenting that they were blocking his attempt to have his business operate in his garage. He also brought up the issue of traffic and how the Fire Hall added more traffic to the area and that his business would not be as busy.

Mayor Chimenti then asked him, “When you filled out the application for this permit, did you meet all the criteria on that application.” Bercerra replied, “No. I did not.” Mayor Chimenti said, “Thank you.” 

Mayor Chimenti then called the question and led the council to vote. All voted against granting the home business occupancy request with the exception of Dusty Lewis, who voted for it. Becerra and his wife then left the meeting.

In citizen participation, Krystal Spatol presented a document from WYDOT requesting the mayor’s signature approving the Car Rally parade on Saturday, June 19 at 4:30 p.m. The parade would be led by fire trucks and there would be no street closures. They would also coordinate with Police Chief Julie Mathews. The council voted and passed, approving the parade and its path, which will be the same as the previous time.

Jackie Dorothy representing the Travel and Tourism board announced that Mayor Mike Chimenti won the award for Tourism Week, which begins on May 2.

Suzanne Samelson, representing the Rotary Club, invited the council to the Pass the Gavel ceremony on June 8 at 5:30 p.m. at Wedg and Kathy Taylor’s Red Ranch Retreat. The position of the Club’s President will go from Wedg Taylor to Al Braaten. They are also honoring Shurie Scheel, who will be assuming the role of Governor of District 5440 for the Rotary year of 2021-22.

Town Engineer Anthony Barnett reported that the work on the access road to the transfer station has started. They are addressing three fiber optic lines that lay across its path.

Under Codes Administration Fred Crosby recognized the 44 years anniversary of Director of Public Works Ernie Slagel and his work. 

Town Attorney Mike Messenger presented amending and restating an ordinance for its third and final reading concerning alcohol with 24-hour malt beverage permits and catering permits setting restrictions on use. It also repeals beer keg identification requirements, amends to applications and permit fees, delivery of sealed packages and inclusion of fast-food franchises as a restaurant. All of these languages and measures are pursuant to Wyoming law.

The fee for the permit would be a minimum of $25. They are keeping the language defining the fast-food franchise element. They include the request from Town Clerk / Treasurer Tracey Van Heule of an amendment making the bar and grill fee to be $1,500 and the microbrew fee to not duplicate other fees. The ordinance will take effect on July 1. The council voted and passed the new ordinance on its third and final reading. 

Assistant to the Mayor Fred Crosby presented an engagement letter from Koerwitz, Michel, Wright & Associates for their yearly audit. The cost last year was $13,500 and this year’s amount is $13,700. The council voted and passed to accept their services.

Crosby also noted there will be a summer convention in Cheyenne on July 14, 15 and 16 and they need to send delegates for voting. The council voted to send council member Bill Malloy and Mayor Mike Chimenti as a possible alternative.

Crosby and Van Heule presented a new opportunity for the billing of their utilities. They found some software that allows customers to pay online and have direct access to their accounts. Crosby said this is the number one request they have from customers and it brings them into the current times. The license costs $2,100 and an additional $70 monthly fee. The council voted and passed this request.

Before adjourning Lewis gave a report from Hot City Outdoor Alliance where they want to do a trail from Round Top to T-Hill and that they got one of two grants they applied for. They are matching grants. Right now they have $20,000 for building a trail that costs $40,000. So they are looking for other places for the other part of the money. If things don’t work out, they may take action through fundraising efforts throughout the town.