Burns Town Council met Tuesday, Dec. 27, opening with an agenda request discussion brought to the floor by Burns resident Jim Clark.

“I would like to address the situation with the mayor’s term,” Clark said. “I think most of the county has decided to go with a four-year term, the state is a four-year term. We are still doing a two-year term. I’m not sure what we need to do, but I would like to have a four-year term.”

Mayor Judy Johnstone turned the meeting over to mayor pro tem Phil Oakes to handle the discussion, Johnstone added though she though it would be self-serving for her to handle any modifications to the town’s ordinance she would if so directed.

Oakes noted that having been through a term as mayor, “it seems like you are just getting started with projects and you’re done (being mayor).”

It was also mentioned there is one other piece the council needed address, as there is nothing in the ordinance that is a process for removal of an elected official from office. Johnstone said the state has a recall law, but the person has to be in office one year before he/she can be recalled.

“It seems like lately we’ve been able to get a lot of financial help and takes two years to get projects started,” Clark gave as a reason to consider a four-year term.

Give everybody an opportunity to hear it and vote.

Oakes suggested writing updates to the town ordinance, posting it, and then discussing it in meetings and have it brought to council for three readings.

“I would like to see both issues addressed,” Oakes added. “The change to a four-year term and bringing the state language into our ordinance on how to remove person from office.”

Council agreed by consensus and Johnstone will amend the ordinance to bring forward for discussion.

A second agenda request came from senior representative, Betty Nussbaum, who requested an executive session with council concerning real estate. Council agreed. At the conclusion of the meeting, the executive session was held. After the executive session, council agreed by consensus that senior representatives should discuss the disposition of the senior center building with the Masons.

After attending 6^th Penny committee meetings, Johnstone reported to council, commissioner Troy Thompson set the next ballot collection at a maximum of $100 million. The number came from the county commission deciding collection will take place only over a five-year period. Johnstone said the amount is also based on what is being collected currently each month.

Align is working with the committee and determined the money should be divided as it was last time. That leaves Burns, Pine Bluffs and Albin to split 10 percent, while the remaining 90 percent is split between the city of Cheyenne and the county.

“We might get between 2 and 3 million,” Johnstone said. “I told Thompson we had $5 million in very worthy projects and didn’t see a place to cut and Burns needs 5 percent. They are saying what percentage we got last time is all we will be entitled to. I’m going to ask how to increase our percentage.”

Johnstone noted Pine Bluffs wants to seek 6 percent leaving Burns and Albin to share 4 percent.

“It depends on your need,” councilwoman Jan Gray said. “It should be whose needs are the greatest. Pine Bluffs had a great need last time due to water problems and we agreed to help them out with 6th Penny.”

Oakes pointed out “their numbers leave out one big thing, the $55 million failed last time.”

Further meetings will be held in January.

Later in the meeting, Oakes asked if the contract for the facilitators went out for bid, and asked how much they were being paid.

“If not and it’s more than $3,500 it is in violation of state statute,” he said.

Johnstone then mentioned the town has to market their part of the ballot on its own. The last time the facilitators presented the plan to all the communities.

In council reports, councilman Ralph Bartels brought up another change he would like to see. He said in the last few weeks several people have “talked about possibly doing something in the area to be able for council to excuse an absence.”

“You never know if we need excused for a death in the family, an ill spouse,” Bartels said. “I think that our council — we try to be here as often as we can.”

Oakes said there is a state statute concerning this issue. If council agrees to excuse that absence it is excused by state statute.

“I for one would like to put that in place,” Johnstone said. “Would council like me to begin putting something together?”

With an affirmative answer, the floor was turned over to Oakes, who had a question on another issue.

“Sewer fees were raised a while back,” he said. “How is it going? The purpose was to build a reserve fund.”

Clark spoke as utility board president and said the board is bringing in about $500 a month.

“We’re not okay,”Clark said. “We don’t have what we should have and need to keep going as is for now. We are several thousands behind.”

In new business, Johnstone said there was a request to put a bell stand at the Presbyterian Church.

“It will be inside a sidewalk so it is not a town issue,” she said. “They  just wanted the towns’ blessing. A consensus would be appropriate.”

All present agreed with the plan.

Johnstone also announced the town has been approved to go forward with new furnaces and occupancy switches in the north building of the Burns-Plex.

Clark gave the utility board report. A bit of controversy regarding a project bid was discussed.

“Vernon Testerman bid on a project and wants to challenge the bid as he could not get the itemized list of needs due to not having the technology to receive it.”

In addition, Clark said Testerman’s bond was paid with a personal check, and the town engineer was concerned about that.

The project in question is the co-op water line loop. Testerman’s bid came in $16,000 under the nearest other bid, but the utility board did not award him the bid as he did not give proper Request For Proposal documents.

“The project is funded with government funds and the state and federal governments have specific requirements that must be met,” Johnstone said.

Oakes added that without an itemized bid the board cannot compare bids. Gray noted they need to be able to compare apples to apples.

“He simply did not fill out his bid packet,” town clerk Toni McNamar said.

“He did not follow the rules, did not comply with the requirements of packet,” Johnstone added.

“The previous projects the town hired him for were town projects which don’t have the same requirements as state and federally funded projects.”

Oakes asked if the town has a formal procedure review of a rejected bid. Clark said he would speak to engineer Scott Cowley about how to handle the situation.

The next meeting of the Burns Town Council is slated for Jan. 9, at 7 p.m. in council chambers in the Burns-Plex.