Town council bar nunn, wyoming

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The regular meeting of the Town Council of Bar Nunn was held on Tuesday, June 19, 2012, 7:00 P.M., at 4820 N. Wardwell Industrial Avenue, Bar Nunn, Wyoming.

The meeting was called to order by Mayor Jerry Petty.

The roll was taken by Carol Pendley, Clerk Treasurer. Those present were Bobby Martin, Paula Stewart, John Blase, Mayor Petty, and Josh Brown.

Mayor Petty led in the Pledge of Allegiance.

Next item on the agenda was the minutes of June 5, 2012 Council Meeting. Paula made a motion seconded by John, to accept the minutes. Motion was unanimous.

Financial Reports for May, 2012 were next. Paula made a motion, seconded by Bobby to accept the financials for May 2012. Motion was unanimous.

Attorney’s Report was next. Charlie had nothing to report and there were no questions.

Bill Miller, Loss Control Manager for LGLP (Local Government Liability Pool) addressed Mayor and Council. Mr. Miller had been asked to attend a meeting to answer any questions, address any concerns regarding liability issues. His job with LGLP is to see the town ‘stays out of trouble’ regarding liability issues. Discussion and items addressed included:

First Responders/Volunteers – All volunteers are covered (for third party liability) as long as there is something in writing, ‘who’ the volunteer is and ‘what’ they are volunteering for. All employees and all elected officials are covered. (The Town maintains such a listing).

Worker’s Comp – First Responders are covered under Workers Comp, other volunteers are not.

Liability is for ‘third party’ coverage. Town vehicles, employees, and employee vehicles are not covered; LGLP is covering the ‘third party’. Anyone driving ‘outside of legal operation’ such as first responder responding to a call; the Town would probably be released from responsibility, and liability would be on the irresponsible person(s). It does not mean there would not be any lawsuits.

Claims received by LGLP used to be six to ten claims per month. Now there are twenty to thirty per week! A larger portion are going to lawsuits.

Mr. Miller said the number one claim used to be sewer back ups. It is now Employee issues, ‘wrongful termination, discrimination, harassment, etc.’ He encouraged Mayor and Council to call him if they become involved in an issue with an employee. Documentation and organization are essential to successful resolution of issues.

Personal vehicles used for Town business are covered during use for Town business only. Personal use is not covered. Town vehicles are for use for Town business, not personal use. Travel for business in a company vehicle is covered for the employee. If a spouse is in the vehicle they are not covered. They would have to be covered under personal insurance. If the employee is at fault for the incident the employee’s personal insurance could be tagged for the coverage. If the employee is on company business in personal vehicle and something happens, spouse is covered under personal insurance, employee (being covered under company liability) would be covered under company insurance. However if accident fault was employee, spouse’s personal insurance could file against the Town!

Mr. Miller also does training as a free service. He has over 20 different modules for training, and is available for scheduling them. He has been training on personnel matters most recently. He will submit a list of available modules. He also does safety training and assessments. Beginning July 1st there will be an additional person assisting in the training process.

It should be mandatory, proof of valid DL for potential operators of Town vehicles, also proof of insurability.

There is a two day voluntary training and testing program for playground equipment available currently. Playground equipment should be inspected (and documented) quarterly. There should be signage ‘USE AT YOUR OWN RISK’, there should be ‘weight’ limit plates on all playground equipment (not age). Document incidents. Anyone with a claim should fill out proper paperwork which is submitted to LGLP.

Sewer back up claims are to be documented, proper paperwork filled out and submitted to LGLP for determination. Scheduled maintenance should be done on all lines, including videoing, jetting, root removal, including documentation. Bar Nunn currently goes through all lines every 3 year period.

Mr. Miller asked if Fire Department is part of the Town or under separate EIN. They are under jurisdiction of the Town. If they operated under a separate EIN they can NOT be under the Town. Any incident occurrence should be reported to proper law enforcement and documented.

Mr. Miller said ‘documentation’ is most important. Document the incident, fill out the paperwork, submit it to LGLP to determine liability.

Resolution # 2012-05 "A RESOLUTION AMENDING BUDGET INCOME AND EXPENSES FOR UNEXPECTED INCOME AND EXPENSES FOR FISCAL YEAR 2011-2012 PER WYOMING STATUTES #16-4-112 THROUGH #16-4-114” was next on the agenda. John made a motion, seconded by Paula, to adopt the resolution. Motion was unanimous.

Next on the agenda was Third and Final Reading of Ordinance #2012-03 "ANNUAL APPROPRIATION ORDINANCE (BUDGET) FOR THE FISCAL YEAR ENDING JUNE 30, 2013". John made a motion seconded by Josh to approve Ordinance #2012-03 on final reading. Motion was unanimous.

Next on the agenda was first reading of Ordinance #2012-04 “AN ORDINANCE REPEALING IN ITS ENTIRETY ORDINANCE #2010-02 – BAR NUNN SUBDIVISION CODE – TITLE 9; AND ORDINANCE #2010-04 – “AN EMERGENCY ORDINANCE AMENDING AND ADDING TO CERTAIN PORTIONS OF SUBDIVISION CODE – TITLE 9 – SUBDIVISION REGULATIONS”, AND REPLACING WITH “TITLE 9 – SUBDIVISION REGULATIONS”. Paula made a motion seconded by John accepting Ordinance # 2012-04 on first reading. Motion was unanimous.

Engineers Report was next on the agenda. Bill reported Arena Street contractor called and is ready to start ASAP! Prior start date was scheduled for July 15. It should be done well ahead of the completion date of July 20.

Wardwell Industrial Avenue is under construction. The Street has to be complete before the sewer portion can be done, so the project will continue into the fall.

The Chip Seal Project is also scheduled to start and everyone is hoping all projects will be done, coinciding but not interfering with, the other projects.

Petitions and Public Comment was next on the agenda. A 24-Hour Malt Beverage – Catering Permit was requested by Ed Kienzle, Owner, Chatters, for June 23, 2012. Councilman Blase referred to two incidents having been reported recently at Chatters and inquired as to their having been resolved. Ed has addressed them and is taking steps to prevent reoccurrence. John made a motion to grant the one day permit. Bobby seconded and motion was unanimous.

Ed had other concerns regarding being absent at the time the license is up for renewal and how it could be renewed by another party. He was directed to call the Liquor Commission for information.

Chuck Johnson requested permission to purchase the pothole patching machine being replaced by WYDOT, for $4380. $410 per ton cold type asphalt is being used currently. This hot patch process would be $71 per ton. The machine, according to Chuck, will not be used all of the time or even a lot of the time, but when it is used it is going to make his job easier and be less expensive, although it may take several years to recoup the cost of the machine. Chuck said he has been around this equipment, but has not used it. State personnel have offered to train in the use of the machine. Chuck said cleaning is the number one need for the machine. The oil has to be purged from the lines and it has to be cleaned before it is put away. The tip of the application wand has to be kept clean during use.

There is money in Capital, unused from the purchase of the Gator, that can be used for the purchase. Paula made a motion to allow the purchase. Josh seconded and motion was unanimous.

Council Miscellaneous was next on the agenda.

The Little Free Libraries should be installed within the next couple of weeks. The Mayor read a letter of appreciation from Mayor and Council to Ian Moffett and his volunteers for their work. Josh also extended thanks to in house work done on getting the project registered and completed.

The deposits have been remitted for the Antelope Playground Equipment. The installer has indicated they will get the project materials as soon as possible to get the project completed. Chuck said he will be able to remove anything else needed for them to do the new construction. He also reported the existing equipment has been cleaned and refurbished.

Josh reported some of the wood was removed from Ponderosa and asked what the plan was for the remaining debris. Jerry reported Code Enforcement had given the Contractor and Developer until July 1, to clean it up. If unresolved, it will be assigned to the Code Enforcement contractor, cleaned up, and billed to the Developer. The concrete will not be part of the clean up.

Josh asked for signs to be ordered for all parks, tennis courts, ball field, and other necessary places – “Use At Your Own Risk”. Chuck will order. Chuck will also check on the status of (6) ‘Solicitors prohibited’ signs, he already ordered.

John made a motion at this time, to adjourn to Executive Session, not to exceed fifteen minutes, to discuss the Architectural Contract. Paula seconded. Motion was unanimous.

Meeting adjourned 8:15 P.M., June 19, 2012

A motion was made by Paula to reconvene the regular meeting of the Town Council of Bar Nunn, Tuesday, June 19, 2012, 8:35 P.M., at 4820 N. Wardwell Industrial Avenue, Bar Nunn, Wyoming. The motion was seconded by John and carried unanimously. (All council members and Mayor Petty present).

Mayor Petty stated the purpose of the Executive Session was to consider the proposed Contract from Miguel Leotta, for architectural engineering services for a new town hall. John made a motion to approve the contract, $65,000 for the first three phases, upon the acceptance of a mutually agreed upon contract. Bobby seconded and motion was unanimous.

Paula reported not being able to attend Management Oversight Committee Meetings. Bill Johnston is still the voting member but Mayor Petty will now attend the meetings as well.

There being no further business to come before the council at this time, John made a motion to adjourn. Paula seconded and motion was unanimous.

Meeting adjourned 8:45 P.M., June 19, 2012.

Minutes approved July 3, 2012 Meeting.

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