May 2, 2011
Regular Meeting
Town of Pine Bluffs
Laramie County, Wyoming
PRESENT: William Shain, Mayor; Bill Cushing, Council Member; Michael Ragsdale, Council Member; Mark Fornstrom, Council Member; Alan Curtis, Council Member.
STAFF: Alex Davison, Attorney; Catherine Cundall, Clerk/Treasurer.
Mayor Shain called the meeting to order at 7:30 p.m. with all members present. The assembly joined in the Pledge of Allegiance and guests were welcomed to the meeting.
AGENDA APPROVAL
Councilman Curtis moved to approve the agenda, with additions and deletions, Councilman Cushing seconded and motion carried unanimously with 5 ayes.
MINUTES APPROVAL
Councilman Cushing moved to approve the minutes of the April 18, 2011 Regular Meeting, Councilman Ragsdale seconded and motion carried unanimously with 5 ayes.
CONSIDERATION OF CLAIMS
Questions were asked on the vouchers from The Lock Ship and Serrano Backhoe and Construction. Councilman Fornstrom moved to approve all voucher presented for payment, Councilman Ragsdale seconded and motion carried unanimously with 5 ayes.
Allwayz Manufacturing / repairs / 313.26Amy Long / mileage / 33.60
Avenet / web hosting / 450.00
Cash-Wa / supplies / 520.95
Cate Cundall / filing fees, mileage / 218.16
City of Cheyenne / recycling / 34.60
Cowboy Supply House / community center equipment / 150.00
Dahlgren Consulting / Well Rehab engineering fee / 4,650.00
Fleming Associates / police hiring expense / 325.00
FVC / fuel / 1,788.08
Laramie County Sheriff's Department / inmate charges / 240.00
Laramie Fire Protection, Inc. / community center fire alarm / 480.00
Mark Moran / court / 150.00
NCPERS / payroll deductions / 192.00
Paetec / phone service / 35.65
Patton & Davison / legal fees / 456.00
Petty Cash / postage / 49.07
Pine Bluffs Conoco / fuel / 549.51
Public Safety Center / police equipment / 90.10
Robin Whitehead / daycare training / 125.00
RT Communications / phone service / 108.34
Serrano's Backhoe / airport septic system / 4,200.00
Terminix / pest control / 43.00
Texas Trail Market / supplies / 811.22
The Lock Shop / commerce building / 193.50
UW Family Medicine / employee tests / 45.00
WG Dale Electric Co. / Well Rehab pay request #2 / 42,899.40
WY Bank and Trust / water bonds retirement / 15,196.25
WY LECC / police conference registration / 65.00
PROJECT UPDATES
Russ Dahlgren, Well Rehabilitation Project Engineer, reported to Council that the project is progressing well and the pump at Well #1 should soon be back in service then work will commence on Well #6.
The Community Center hosted its first large event since its recent remodel with no problems encountered.
Travelers, the insurance provider for the Sewer Replacement Project Contractor Aztec Construction, will begin negotiating settlements with residents that sustained damage from the water main break. The Town will be liable for 25% of the cost and Travelers the remaining 75%. Releases will be obtained and Valley Construction cleaning expenses deducted from settlements prior to payment.
INMATE HOUSING AGREEMENT
Councilman Ragsdale moved to approve the Inmate Housing Agreement with the Laramie County Sheriff’s Department for a one year period beginning July 1, 2011 with an increased fee of $83.58 per day. Councilman Fornstrom seconded and motion carried unanimously with 5 ayes.
WAM-JPIC HEALTH INSURANCE
Councilman Curtis moved to execute the Joint Powers Agreement with WAM-JPIC to provide employee health insurance coverage and to approve the upcoming fiscal year health insurance premiums with the Town contributing 50% of the premiums. Councilman Cushing seconded and motion carried unanimously with 5 ayes.
ASCAP
Council reviewed ASCAP licensing materials with no action taken.
ORDINANCE 11-01
Councilman Fornstrom moved to approve on First Reading Ordinance 11-01 – AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE TOWN OF PINE BLUFFS, WYOMING, RENUMBERING THE ARTICLES OF CHAPTER 7 AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Ragsdale seconded and motion carried unanimously with 5 ayes.
BE IT ORDAINED BY THE GOVERNING BODY OF THE INCORPORATED TOWN OF PINE BLUFFS, WYOMING:
Section 1: Chapter 7 of the Code of Ordinances of the Town of Pine Bluffs, Wyoming entitled “Nuisances” is hereby amended to read as follows.
CHAPTER 7
Nuisances
ARTICLE 1
Junked Motor Vehicles, Excessive Number of Vehicles as Public Nuisance
§ 7-101. Definitions.
(a) As used in this Chapter.
(i) “Junked motor vehicle” means a motor vehicle that is wrecked, dismantled, partially dismantled, inoperative, abandoned, discarded or not being used or does not display a current license plate, tag, or valid temporary permit except for vehicles for sale on an authorized dealer’s lot. It does not include:
(A) Vehicles enclosed within a building on private property;
(B) Vehicles held in connection with a business enterprise lawfully licensed by the Town or permitted under Town ordinance; or
(C) Vehicles in an inoperable condition specifically adapted or designed for operation on drag strips or raceways.
(ii) “Motor vehicle” means a self-propelled vehicle designed to travel along the ground including automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers and trailers;
(iii) “Owner” is as defined in Section 6-101(a)(xvi) of this Code;
(iv) “Park” is as defined in Section 6-101(a)(xvii) of this Code;
(v) “Person” is as defined in Section 1-102(a)(x) of this Code;
(vi) “Police officer” is as defined in Section 6-101(a)(xix) of this code;
(vii) “Private property” means privately owned real property within the zoned areas of the Town;
(viii) “Public property” means any publicly owned real property or facility and any street or highway including the entire width of the right of way.§ 7-102. Storing junked motor vehicles and parking of excessive number of vehicles prohibited; Exceptions.
(a) No person shall park, store, leave unattended, or permit or cause the parking, storing, or leaving unattended any junked motor vehicle upon public or private property for more than seventy-two (72) hours. The presence of any junked motor vehicle on public or private property for more than seventy-two (72) hours is a public nuisance.
(b) No person shall possess, park, store, or leave, or permit or cause the parking, storing, or leaving of more than four (4) vehicles on public property for more than thirty (30) consecutive days. The presence of more than four (4) vehicles on public property for more than thirty (30) consecutive days is a public nuisance.
(c) This section does not apply to:
(i) Vehicles kept in an enclosed garage or storage building;
(ii) Vehicles used for educational or institutional purposes.
§ 7-103. Responsibility for removal.
(a) The owner of a junked motor vehicle is responsible for its removal and is obligated to pay any penalties imposed for failure to remove the vehicle.
(b) The owner of a junked motor vehicle and the owner or occupant of the private property on which any vehicle is located in violation of this Article are responsible for its removal and are obligated to pay any penalties imposed for failure to remove the vehicles.
(c) The owner of any vehicle that is kept in violation of Section 7-102(b) of this Code is responsible for its removal from public or private property is obligated to pay any penalties imposed for failure to remove said vehicle.
ARTICLE 2
Regulation and Abatement of Other Public Nuisances
§ 7-201. Public Nuisances - Definition.
(a) “Public Nuisance” means any use or nonuse of real or personal property which produces to others a material injury, annoyance, inconvenience or discomfort, or which endangers life or health, or gives offense to the senses of persons of average sensibilities.
§ 7-202. Specific Public Nuisances Defined.
(a) The maintaining or permitting of any of the following is hereby declared to be a public nuisance:
(i) Privies, vaults, cesspools, dumps, pits, or like places which are not securely protected from insects or which are foul or malodorous.
(ii) Filthy, littered or trash covered cellars, house yards, barnyards, stable yards, factory yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises.
(iii) Animal manure in any quantity which is not protected from insects and the elements, or which is kept or handled in violation of any ordinance of the municipality.
(iv) Liquid household waste, human excrement, garbage, butcher’s trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the municipality, nor the dumping of non-putrefying waste in a place and manner approved by the health officer.
(v) Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any buildings, billboards or other structures that are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof.
(vi) Growing or dead weeds and other rank growth and vegetation, dead plants or grass pilings, separated tree limbs or other vegetation which has no reasonable aesthetic value or other reasonable purpose.
(vii) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when said places in which said animals are confined, or said premises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the municipality, or are maintained and kept in such a manner as to be injurious to the public health.
(viii) The operation of semi-tractor trailer trucks within the residential areas of the Town between 10:00 p.m. and 8:00 a.m. is a nuisance and is prohibited.
§ 7-203. General public nuisances; violation of article unlawful.
(a) It shall be unlawful to maintain, use, deposit, leave or permit any of the acts, omissions, places, conditions and things as defined in this chapter.
ARTICLE 3
Abatement of Nuisances, Civil Penalty
§ 7-301. Abatement authorized.
(a) The Chief of Police or any other officer designated by the Mayor is authorized to abate any nuisance existing in the Town whether as defined in this chapter or otherwise identified by an ordinance of the Town.
§ 7-302. Notice to abate.
(a) The Chief of Police or other officer so designated by the Mayor shall serve or cause to be served a notice upon the owner or occupant of any premises on which a nuisance exists in violation of this chapter requiring abatement of the nuisance within a reasonable period of time which shall not be less than five days.
(b) If the person served by a notice issued pursuant to subsection (a) of this section fails to abate the nuisance within the time stated in such notice, the Town may proceed to abate such nuisance or to cause such nuisance to be abated.
§ 7-303. Enforcement of lien.
(a) A statement of charges for abating a nuisance under the provisions of this chapter shall be mailed to the owner, lessee or other persons having interest in the property involved by certified mail return receipt requested. Failure of the recipient to accept delivery shall constitute notice and delivery as of the date of mailing. When such bill remains unpaid for thirty (30) days after it has been rendered, the Town Clerk may file with the Laramie County Clerk and Recorder of Deeds, a statement of lien against the real property upon which the nuisance was abated in the amount of the costs of abatement plus filing fees.
§ 7-304. Sale of property.
(a) If the bill remains unpaid the Town may foreclose the lien and cause the property to be sold pursuant to law in satisfaction of the lien and all costs incurred in the foreclosure of such lien.
§ 7-305. Nuisance punishable by general penalty provision.
(a) Any property owner, landlord, or tenant who permits any nuisance upon said person’s real property shall be subject to the general penalty provisions of section 1-105 of this Code.
§ 7-306. Court action authorized.
(a) The Town Attorney may institute such civil proceedings for personal liability in the name of the Town in any court having jurisdiction over such matters against any property for which the charge for abating a nuisance under this chapter has remained unpaid for a period of thirty (30) days after a bill therefore has been sent to the owner of the property involved.
Section 2: Renumbering: The articles and sections of this Chapter 7 shall be renumbered to be consecutive upon its adoption.
Section 3: Effective Date.
This ordinance shall be in full force and effect upon execution.
WAM RESOLUTIONS
Council reviewed proposed WAM Resolutions with no action taken.
EMPLOYEE BENEFITS
Councilman Fornstrom moved to provide individual Fitness Center memberships for full time and part time Town employees with the employee paying the key deposit and any other family fees. Councilman Curtis seconded and motion carried unanimously with 5 ayes.
LAW ENFORCEMENT CONTRACT
Attorney Davison is finalizing the agreement for the Town of Pine Bluffs to provide law enforcement for the Town of Albin on a part time basis.
SMOKING IN TOWN VEHICLES
Councilman Fornstrom reported he has been asked numerous times why smoking is allowed in town owned vehicles and would like to see the non-smoking policy extended from just public building to cover town vehicles and equipment. Clerk is to prepare and distribute to department heads a memo about the proposed policy change and that concerns be brought to Councils attention at their next meeting.
GROUNDS KEEPING AGREEMENTS
Senor Lee’s Lawn Care amended their proposal to include care of the Community Center lawn for an additional $200 per year.
COMMISSION/DEPARTMENT REPORTS
Council members will be attending the upcoming Quarterly Elected Officials meeting in Albin on May 10th.
ADJOURNMENT
There being no further business the meeting adjourned at 8:14 p.m.
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William Shain, Mayor
ATTEST:
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Catherine Cundall, Clerk/Treasurer
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