Oakes presides over his first Burns council meeting


Wednesday, June 10 2009
Cynthia Shroyer

A procession of elected and appointed officials took their turn being sworn in at the outset of Monday night’s Burns Town Council meeting.

Before making his exit, outgoing mayor Vernon Testerman called the meeting to order and received approval of the minutes of the last regular meeting of council and a bid opening held June 1.

Testerman called newly elected mayor Phil Oakes to the floor and administered the oath of office. After being sworn in Oakes presented Testerman with a plaque in appreciation of Testerman’s service to the town.

Other officials sworn in were councilwoman Jan Gray, town marshal Nick Dotter, clerk Toni McNamar and judge Mark Moran. Moran did the honors, with McNamar reading the oath for Moran. Councilman Harvey Humphrey was also to be sworn in for a new term, but was not at the meeting.

Oakes’ first order of business was filling the council seat vacated through his election as mayor. Several weeks ago he asked interested parties to submit letters of interest to the town.

"Three people applied for the open council seat," Oakes told those in attendance. "This is a difficult decision which was actually made by the people of Burns."

With that, Oakes recommended Jeff Bartels be appointed by virtue of his receiving the third highest vote total for the slate of council candidates in the May election. Council members Gray and Judy Johnstone gave their approval and Moran administered the oath.

Oakes also made a number of committee appointments before heading into his first mayor’s report. Gray will serve with the ambulance and cemetery boards, Humphrey with the utility board, Johnstone on parks and recreation and Bartels on streets and alleys. The matter of a town attorney will be addressed at a later date. Leon Pierce will continue to serve as the town fire marshal.

Oakes next addressed the town’s ordinances including a new one needed to get the town in line with a new state statute dealing with the licensing of establishments with gaming tables, pool tables and bowling alleys. Using that ordinance as a lead in, Oakes noted all the towns ordinances were in need of updating. Having discussed the matter with Moran, Oakes asked the council members if they wanted to start from scratch with all new ordinances or go through them all to evaluate, then delete or update as needed.

"They definitely need updating as they conflict and some are double or triple," Dottor said. "Starting new, a section at a time, is a good idea."

Dotter added council could do as he as in the past for guidance — look at other towns ordinances as a guideline. A question was raised about using another towns ordinances, in specific dealing with the fact Burns is a dry town and others are not.

"We are not adopting the other town’s ordinance," Gray explained. "Just looking and seeing what we can use."

Oakes noted the town has a "severablity" ordinance allowing the council to remove ordinances from the books. Council does not have the ability to update ordinances in a similar move.

"This is a monster project," Oakes said. "There are a lot that are Burns specific that the people want in here."

"That will not go away," he stressed.

It was agreed council would go through the codified ordinances a section at a time, beginning with Section 8 dealing with criminal statutes. Moran has offered to assist the town in the process.

Continuing his report, Oakes gained permission of council to establish a long-range planning committee. Volunteers are being sought to serve and those interested can contact McNamar at the town hall (547-2206). The purpose of the committee is to update development standards. The committee will serve in an advisory capacity to council and the mayor, but have no legislative authority.

Oakes added to his list of jobs the sending of e-mail notices on happenings in Burns. Oakes will use the e-mail to get information out as needed between council meetings. Anyone desiring to be included on the e-mail address list may contact McNamar at town hall.

It was announced the town has received a grant from federal stimulus funds in the amount of $250,000 which will cover the cost of new water meters and installation.

"It was a concern this would raise rates or hurt the town budget," Oakes said. Noting residents had been assured the project would not do so, Oakes said "we are keeping a promise to the town."

During council reports, Johnstone gave a reminder that she would be attending the Wyoming Association of Municipalities conference this weekend. Eight resolutions will be voted on. Council agreed to support all but one through Johnstone’s vote. Those gaining support include thanks to the host community, restoration of the I-80 train service, support of the 2011 Omnibus bill, support of railroad quiet zones, increase of municipal fines and court costs, support of a stable revenue stream and support of the collection of DNA samples from prisoners as well as testing for STDs and drugs. Not supported was a measure to allow local sales taxes to be divided by the tenth of a percent.

In new business, three bids were awarded. They are: Wyoming Avenue sewer project to Merril Inc. of Cheyenne in the amount of $82,178; First Street sewer project to include a section on Luther Avenue, Merril Inc. in the amount of $50,000; and Fourth Street project sewer, water, curbs, gutters, asphalt paving and sidewalks on the north side of the street to Aztec Construction Company Inc. State Loan and Investment Board money will be used to pay for this project in its entirety.

Dotter addressed a change in the ordinance concerning parking and no parking zones. Council asked him to make needed changes to the town ordinance to line it up with the state statutes. The ordinance will be ready for its first reading at the council’s next meeting, set for July 15 at 7 p.m. at the community center.

Dotter also announced roads will be blocked for Burns Day beginning at 6 a.m. Saturday and will remain blocked until midnight. Main Street will be blocked from Fourth Street to Prairie. Anyone going through, around or moving a barricade will be ticketed.

Following an executive session to discuss personnel issues, council reconvened to approve giving Dotter a raise of $2.50 per hour.

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