April 2017

CITY OF TERRYTOWN
COUNCIL MINUTES
The City of Terrytown Council met on Thursday, April 6, 2017, at 6:30 PM, for their regular monthly meeting at the Housing Authority, 89A Woodley Park Road in the City of Terrytown.  Notice of said meeting was published in the Scottsbluff Star-Herald according to law and council members were notified of said meeting.  The meeting was called to order at 6:30 p.m. by Mayor Kent Greenwalt.  Council Members present were:  Jerry Green, Cyinda Kriner, Chris Perales and Marcia Sherlock.  Absent: None. Assistant City Clerk Tamera Leeling recorded the proceedings of the meeting. The minutes of the previous meeting were dispensed with.
The Pledge of Allegiance was recited by those in attendance.  Mayor Greenwalt pointed out the location of the poster for the Open Meetings Act.
There were no additions, changes, or emergency items added to the agenda.
There was no correspondence added to the agenda.
Moved by Sherlock and seconded by Perales to approve the minutes of March 2, 2017.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
Moved by Perales and seconded by Sherlock to approve Green’s conflict of interest for the payment of Check #14911-$203.17 for the Clerk’s wages.  Aye’s:  Kriner, Perales and Sherlock.  Nay’s:  none.  Motion approved.   Moved by Perales and seconded by Kriner to approve payment of the Clerk’s wages.  Aye’s:  Kriner, Perales and Sherlock.  Nay’s:  none.  Motion approved.   
Payment of Claims:  KENO FUND:  Nebraska Public Power District, Utilities, 105.63; Carpenter Center, Contribution, 250.00; Western Plains Business Solutions, Laser Checks, 119.50; GENERAL FUND:  Charter Communications, Office Phone/Internet, 166.16: Hi Performance Car Wash, Car Washes, 13.50; One Call Concepts, Digger’s Hotline, 57.57; Respond  First Aid, First Aid Supplies, 63.59; Scottsbluff Star-Herald, Legal Publications, 195.46; Hugo Chairez, Wages, 1167.52; Tamera Leeling, Wages, 742.99; Dennis McLaughlin, Wages, 883.19;  Verizon Wireless, Cellular Service, 111.30; Simmons, Olsen Law Firm, Legal Fees, 1270.00; Nebraska Public Power District, Utilities, 493.62; Charter Communications, Shop Phone/Internet, 120.73; Pitney Bowes, Postage, 500.00; Hugo Chairez, Wages, 1012.52; Tamera Leeling, Wages, 742.99; Dennis McLaughlin, Wages, 806.69; Windstream, Phone, 6.05; Blue Cross Blue Shield, Health Insurance, 2747.04; Hugo Chairez, 1012.52; Tamera Leeling, Wages, 742.99; Dennis McLaughlin, Wages, 820.21; Linda Green, Wages, 203.17; Jerry Green, Wages, 69.26; Roy Greenwalt, Wages, 230.87; Cyinda Kriner, Wages, 69.26; Tamera Leeling, 203.17; Chris Perales, Wages, 69.26; Marcia Sherlock, Wages, 69.26; Principal, Vision Insurance, 72.11; Off Broadway, Supplies, 27.28; Capital Bank & Trust, Employee Simple IRA Contributions, 800.00; Carpenter Center, Office Rent/Contracted Labor, 1154.00; Charter Communications, Office Phone/Internet, 170.84; Cyclone Express, Fuel, 204.41; Hi Performance Car Wash, Car Washes, 13.50; Panhandle Humane Society, Pest Control, 600.00; Johnson Cashway Lumber Co., Supplies, 13.98; Judy Hoatson, CPA, Bookkeeping, 370.00; Kent Greenwalt, Mileage, 54.45; League Association of Risk Management (LARM), Payroll Audit, 30.44; Nebraska Safety & Fire Equipment, Annual Inspection/Fire Extinguishers, 268.00; Northwest Pipe Fittings, Inc., Supplies, 2.58; One Call Concepts, Digger’s Hotline, 122.82; Pitney Bowes, Ink Cartridges, 122.38; Scottsbluff Police Department, Police Labor, 7683.33; M.C. Schaaf & Associates, Engineering, 320.00; Scottsbluff Star-Herald, Legal Publications, 245.59; Verizon Wireless, Cellular Service, 111.30; Western Plains Business Solutions, Copier/Laser Checks, 2092.50; WATER FUND:  Enviro Service, Inc., Lab Fees, 18.00; Simmons, Olsen Law Firm, Legal Fees, 164.00; Nebraska Public Power District, Utilities, 317.93; Nebraska Public Power District, Utilities, 1082.02; B & C Steel, Supplies, 17.85; Enviro Service, Inc., Lab Fees, 36.00; Eric Hennings Construction, Water Leak Repair, 1270.00; HOA Solutions, Inc., Repair/Maintenance, 852.00; Johnson Cashway Lumber Co., Supplies, 14.90; Northwest Pipe Fittings, Inc., Supplies, 194.91; M.C. Schaaf & Associations, Engineering, 15428.40; Terry Carpenter,
Page 2                    Continued             Payment of Claims
Inc., Well Lease, 438.00;  SEWER FUND:  City of Scottsbluff, Monthly Wastewater/Sewer Camel Jet Rental, 10868.78; Nebraska Public Power District, Utilities, 337.24; Cyclone Express, Fuel, 26.51; Enviro Service, Inc., Lab Fees, 264.00; Frank Parts Company, Battery, 139.04; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collections, 6449.70; STREET FUND:  Nebraska Public Power District, Utilities, 2293.94; Nebraska Public Power District, Utilities, 267.53; PowerPlan, Blower, 239.95.  Moved by Sherlock and seconded by Green to approve the payment of claims as presented, except the claim by Terry Carpenter, Inc.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
Mayor Kent Greenwalt proclaimed April as Fair Housing Month.  Moved by Sherlock and seconded by Kriner to approve Mayor Greenwalt’s proclamation of April as Fair Housing Month.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
Scottsbluff Police Chief Kevin Spencer reported that there were 163 calls in Terrytown during the first quarter of 2017 which included the months of January, February and March.  Some of the calls involve either a single officer or 2-3 officers responding.  Chief Spencer predicated that calls may be down slightly in the summer months due to no real “active” bar in Terrytown.  Electronic speed signs will be installed on Terry Boulevard within the next few weeks.
City Engineer Jeff Wolfe reported that three bids were received for the Phase 1:  Gering Connections Project.  Those submitting bids were Hennings Construction, Inc. of Gering, Myers Construction, Inc. of Broken Bow and Paul Reed Construction of Gering.  Hennings Construction, Inc.’s bid of $416,908.50 was the lowest, and came in below the Engineer’s Estimate of $465,572.50.  Moved by Perales and seconded by Kriner to award the base bid of $416,908.50 to Hennings Construction, Inc. contingent upon concurrence from USDA Rural Development and the Department of Economic Development.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
City Engineer Jeff Wolfe presented a map indicating recommended signage for Spring Valley Lane and Woodley Park Road if traffic reconfiguration is made to one-way streets with parking allowed on both sides.  The total costs for signs and posts would be $2,000.00-$2,500.00.  Wolfe mentioned that If the council wished to pursue traffic reconfiguration to one-way streets on Spring Valley Lane and Woodley Park Road, an ordinance will need be drafted and presented for approval at the May city council meeting, as well as one-way street signs will need to be ordered, so that the same can be erected within one week of approval of ordinance.  Moved by Sherlock and seconded by Green to pursue the traffic reconfiguration ordinance and purchase of one-way signs to have on hand.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
City Engineer Jeff Wolfe advised that the City of Terrytown has been notified by the State of Nebraska Department of Environmental Quality that due to an unfunded federal mandate, it must now comply with the storm water management practices.  Cities are mandated to have a storm water management plan and are required to monitor the storm water piping discharge that enters into live water resources such as the North Platte River and Terry’s Lake.  M.C. Schaff & Associates will begin designing a plan for the City that will mirror those Scottsbluff and Gering are currently putting into effect.   The City’s storm water management plan will be accompanied by regular maintenance, repairs and testing. Other Cities have chosen to offset this expense by adding a flat rate fee on their monthly utility bill of $1.50. The City will likely need to consider a similar practice.  More information will be provided in the months ahead.
City Administrator/Treasurer Lonnie Miller presented the February 2017 Financial Statements.  
City Administrator/Treasurer Lonnie Miller discussed the findings of the annual audit reports.  Anton Collins Mitchell, L.L.P. conducted a City of Terrytown Financial and Compliance Report and Agreed upon Procedures for Keno Lottery.  The audit indicated clean opinions and it was a good report.
Page 3                    Continued             Special Legal Counsel Agreement
City Attorney Libby Stobel discussed the draft agreement with Ellison, Kovarik & Turman, P.C. as special legal counsel regarding the purchase of Terry Carpenter, Inc. properties/real estate taxes.  Due to a conflict of interest in negotiating purchase of land from Terry Carpenter, Inc., the City will use Ellison, Kovarik and Turman, P.C. as special legal counsel in these negotiations. The attorneys shall be paid for all legal services expended on behalf of the City of Terrytown at $150.00 per hour for Mark Kovarik and $175.00 per hour for Jim Ellison.  Moved by Kriner and seconded by Green to enter into agreement signed by Mayor Greenwalt with Ellison, Kovarik & Turman, P.C. Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
City Administrator/Treasurer Lonnie Miller presented a claim from Terry Carpenter, Inc. regarding past real estate taxes for Terry’s Lake for year 1998-2015 in the amount of $6,801.54.  The lease agreement states that the City of Terrytown will pay $2,000.00 yearly and in addition pay the real estate taxes.  Mr. Miller suggested that these past real estate taxes may involve legal issues relating to statute of limitations and suggested that the matter be referred to Ellison, Kovarik & Turman, P.C.  The claim has been tabled until the May city council meeting pending legal advice.
City Engineer Jeff Wolfe discussed the purchase of Terry Carpenter, Inc. properties that include the lake, well sites and sanitary sources (lift-stations).  City Engineer Jeff Wolfe has had no contact with Barbara Carpenter, representative of Terry Carpenter, Inc. since February, 2017.  No update is available at this time.
Mayor Greenwalt was contacted by a citizen concerning issues at Terry’s Lake.  A new picnic table is being constructed to replace a deteriorating picnic table.  The Mayor feels new “No Swimming” signs are needed to replace the existing signs that are faded and hard to read.
There being no further business to come before the Council, moved by Sherlock and seconded by Perales to adjourn to the next called meeting on Thursday, May 4, 2017 at 6:30 PM, subject to the call of the Mayor.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.

                                                                                    ____________________________________
                                Mayor of the City of Terrytown
ATTEST:

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Assistant City Clerk