April 2019 Minutes

CITY OF TERRYTOWN
COUNCIL MINUTES
 
The City of Terrytown Council met on Thursday, April 4, 2019, at 6:30 PM, for their regular meeting at the Housing Partners of Western Nebraska Community Room, 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 PM by Mayor Chris Perales.  Council Members present were:  Tyler Feil, Jerry Green, Michael Minzey, Chris Perales and Marcia Sherlock.  Absent:  None.  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 Perales pointed out the location of the poster for the Open Meetings Act.

There were no additions, changes, or emergency items added to the agenda.

Terrytown Resident Richelle Bailey addressed the Council requesting to have the late fee charge on her utilities statement waived.  Ms. Bailey explained that due to the severe snowstorm that she was unable to make her payment on a timely manner.  The Council determined that adequate time had been given for the payment to be received by the city office by the due date and took no further action.  Ms. Bailey also requested that the garbage fee be prorated because the garbage could not be picked up due to the amount of snow in the alley due to the severe snowstorm.  The City Council determined that the conditions made it impossible for trash collection in several areas of the city and took no action on Ms. Bailey’s request.

Patriot Park Property Manager Cinda Munoz was not present to give an update on Patriot Park.  However, Ms. Munoz updated Mayor Perales prior to the meeting and he reported that there are continual problems with water line breaks which have been Patriot Park’s main focus.  An additional cleanup is planned later in the month and Patriot Park will start taking down trees and trimming others in the park.  Mayor Perales indicated that complaints have been received about problems contacting Ms. Munoz.  Ms. Munoz’s office number is (308) 635-7289 or she can be reached on her cell phone at (308) 631-5440.

Moved by Sherlock and seconded by Green to approve the minutes of the regular meeting of March 7, 2019.   Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved. 

Regular Claims (March 7, 2019 to April 3, 2019): 
KENO FUND:  Nebraska Public Power District, Utilities, 117.73; Carpenter Center, Contribution, 250.00; GENERAL FUND:  U.S. Treasury, EFTPS/FICA, 2200.27; Kent Greenwalt, Mileage, 17.98; Nebraska Public Power District, Utilities, 567.92; Print Express, Supplies, 432.05; Simmons Olsen Law Firm, Legal Fees, 2070.00; Scottsbluff Star-Herald, Publications, 127.51; Hugo Chairez, Wages, 1414.11; Tamera Leeling, Wages, 969.02; Dennis McLaughlin, Wages, 1120.22; Guardian Insurance, Life Insurance, 27.75; Principal Insurance, Vision Insurance, 41.55; Staples, Supplies, 78.36; Windstream, Phone, 7.81; Sage Software, Accounting Software, 1024.95; Blue Cross Blue Shield, Health Insurance, 2649.94; Hugo Chairez, Wages, 1120.31; Tamera Leeling, Wages, 929.41; Dennis McLaughlin, Wages, 895.14; Allo Communications, Phone/Internet, 234.83; Anton Collins Mitchell, Audit, 3000.00; Capital Bank & Trust, Simple IRA Contribution/Match, 1512.94; Carpenter Center, Office Rent/Front Desk Supervision, 1192.00; Cyclone Express, Fuel, 454.29; Panhandle Humane Society, Animal Control, 600.00; Indoff Incorporated, Supplies, 14.65; Judy Hoatson, Bookkeeping, 370.00; Kent Greenwalt, Mileage, 49.30; Matheson Linweld, Supplies, 73.95; Moneywise Office Supply, Supplies, 36.42; Nebraska Safety & Fire Equipment, Repairs/Maintenance, 230.00; Petty Cash, Reimbursement, 84.92; Pitney Bowes, Postage Meter Lease, Pitney Bowes, Meter Postage, 500.00; Scottsbluff Police Department, Police Labor, 10833.33; M.C. Schaff & Associates, Engineering, 135.00; Verizon Wireless, Cellular Service, 242.89; Tyler Feil, Wages, 69.26; Jerry Green, Wages, 69.26; Michael Minzey, Wages, 69.26; Christopher Perales, Wages, 230.87; Marcia Sherlock, Wages, 69.26; WATER FUND:  Hennings Construction, Repairs/Maintenance, 960.00; Nebraska Public Power District, Utilities, 465.71; Nebraska Department of Revenue, Sales/Use Tax, 1549.21; Priority Payment, Card Processing Services, 25.55; Enviro Service, Inc., Lab Fees, 40.00; City of Gering, Wholesale Water/Utilities, 4138.35; M.C. Schaff & Associates, Engineering, 1451.65; Terry Carpenter, Inc., Well Lease, 438.00; SEWER FUND:  NMC Exchange, Repairs/Maintenance, 4750.91; Nebraska Department of Revenue, Sales/Use Tax, 1601.62; Priority Payment, Card Processing Services, 54.29; City of Scottsbluff, Wastewater, 11544.47; Enviro Service, Inc., Lab Fees, 173.00; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collection/Recycle Bin, 7062.28; STREET FUND:  Nebraska Public Power District, Utilities, 2182.36; Flattop Backhoe Services, Repairs/Maintenance, 2000.00; ZM Lumber Company, Repairs/Maintenance, 12.90.  Moved by Feil and seconded by Minzey to approve the payment of regular claims as presented.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved. 

Moved by Green and seconded by Sherlock to approve Contractor’s Application for Payment No. 1 to Paul Reed Construction & Supply, Inc. regarding Terrytown’s Water System Project Phase II:  Internal Improvements in the amount of $125,099.90 pending agency concurrence.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved. 

Moved by Minzey and seconded by Sherlock to approve Contractor’s Application for Payment No. 2 to Hennings Construction regarding Terrytown’s Water System Project Phase III:  Meter Project in the amount of $27,357.88 pending agency concurrence.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved. 

Mayor Perales recommended that Kerri Fedorchik be appointed to the City of Terrytown Board of Health.  This is a one-year appointment to fill the vacancy created by Michael Minzey being elected to the city council.  Moved by Green and seconded by Sherlock to appoint Kerri Fedorchik to a one-year appointment on the City of Terrytown Board of Health.  Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved.

City Administrator/Treasurer Lonnie Miller reviewed the February 28, 2019 Financial Statements.  Financial Statements are available for public inspection at the office of the City Clerk. 
 
City Administrator/Treasurer Lonnie Miller discussed the findings of the annual audit reports.  Anton Collins Mitchell, L.L.P. (ACM) conducted a City of Terrytown Financial and Compliance Report.  The audit indicated clean opinions and a good report.

City Administrator/Treasurer Lonnie Miller reported that A & A Porta-Potties and Scottie’s Potties submitted proposals to provide portable toilet services at Terry’s Lake from April through October.  Mr. Miller reviewed the proposals and service agreements with Council.  After discussion, Council expressed their satisfaction with A & A Porta-Potties during past years and decided to continue with their service.  Moved by Sherlock and seconded by Green to approve portable toilet services by A & A Porta- Potties for $200.00 per portable toilet per month.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.
 
City Engineer Jeff Wolfe presented an update on the Terrytown Water Project.  The Contractor’s Application for Payment No. 1 to Paul Reed Construction & Supply, Inc. regarding Terrytown’s Water System Project Phase II:  Internal Improvement in the amount of $125,099.90 and Contractor’s Application for Payment No. 2 to Hennings Construction regarding Terrytown’s Water System Project Phase III:  Meter Project in the amount of $27,357.88 are for materials that have been ordered, stored to date and verified.  Hennings Construction plans to start construction on Gary Street within the next two weeks.  A notice will be posted on the City’s website (www.terrytown.org) and residents will also be notified of construction plans.  Paul Reed Construction indicated that they will begin construction later in the summer. 
 
City Engineer Jeff Wolfe discussed that the annual agreement for sewer cleaning services by the City of Scottsbluff has been renewed.  The most notable change is services offered are for emergency cleaning events only.  Future routine sewer cleaning will need to be performed by an independent contractor.  Mr. Wolfe requested Council’s approval to solicit proposals from independent contractors concerning routine sewer cleaning services to be presented at the May 2019 meeting.  Moved by Sherlock and seconded by Minzey to authorize City Engineer Jeff Wolfe to solicit proposals concerning routine sewer services.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.
 
City Attorney Libby Stobel explained that before further consideration could be given to the application for the United States Department of Agriculture (USDA) Rural Development loan, Mayor Perales was required to sign the “Letter of Intent to Meet Conditions.” It was due back to the USDA prior to the council meeting, so Mayor Perales went ahead and signed the letter.  This letter reflects an additional loan of $134,000.00 due to increases costs associated with water project.  Moved by Feil and seconded by Sherlock to ratify Mayor Perales’s signature on the “Letter of Intent to Meet Conditions”.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.
 
City Attorney Libby Stobel reported that a committee has been formed and has met several times to review the proposed Municipal Code Book.  Ms. Stobel suggested that Council conduct a public workshop to review recommended changes prior to the book being forwarded to Municipal Code Book Services for finalization.  A date for the public workshop will be set at the May 2019 meeting.
 
Office Manager Tammy Leeling discussed the Power Manager Software agreements.  This particular software will be required to use with the water meters installed during the water project.  The service agreements include computer services and software, Value Support Plan, software maintenance plan participation and licensing.  The cost for a one time purchase of the software is $3,500.00 and the Value Support Plan estimated annual fee is $2,013.00.  Moved by Green and seconded by Sherlock to approve software agreements with Power Manager.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.
 
City Representative Kent Greenwalt presented an update on the meetings he attended for the Platte Alliance Water System (PAWS), Heartland Express and the Scotts Bluff County Airport Authority.
 
Police Chief Kevin Spencer reported that the emergency plan established for law enforcement during the blizzard was successful.  Chief Spencer advised that the annual report should be available for review at the May 2019 meeting.  Chief Spencer also presented that testing for a police officer will be held next week with 22 applications received and 17 invited to be tested.       
 
Panhandle Humane Society Animal Control Representative/Senior Kennel Tech Virginia (Ginger) Klemm was unable to attend the meeting.  However, the Panhandle Humane Society updated Mayor Perales prior to the meeting and he reported that the Panhandle Humane Society has contracted to start trapping near the water tower and that trapping will begin in the next few weeks.  No dog at large calls/complaints were received in March. 
 
Terrytown Resident Brian Nielsen addressed the Council regarding a number of possum sightings in the area of his residence.  Chief Spencer suggested the best solution is to shoo the possums away from the premises.  Mr. Nielsen also advised that his neighbor has a dead tree in his yard for the past five years and that it was previously reported to the City.  Mr. Nielsen is concerned that if the tree falls over that it could cause damage to his property or powerlines.  City Attorney Libby Stobel advised that a letter was sent to the property owners in 2017 and that she would research the situation.  Mr. Nielsen also requested a streetlight for the existing power pole located in his backyard.  Nebraska Public Power District placed the power pole in Mr. Nielsen’s yard to support the powerlines.  Nebraska Public Power District advised that a streetlight would be installed at no charge in exchange for the placement of the power pole on Mr. Nielsen’ property.  The streetlight would benefit three residences by providing light in an area that has no present streetlight and that is covered in darkness.  City Engineer Jeff Wolfe will contract Nebraska Public Power District regarding the installation of a streetlight at that location.  Mr. Nielsen also voiced concern about his neighbor who had no heat for the past two years and that he landlord refuses to provide heat.  City Attorney Stobel suggested that the resident contact Legal Aid obtain legal assistance or a referral.
 
There being no further business to come before the Council, moved by Sherlock and seconded by Green to adjourn to the next called meeting on Thursday, May 9, 2019, at 6:30 PM, subject to the call of the Mayor.  Aye’s:  Feil, Green, Minzey and Sherlock.  Nay’s:  None.  Motion approved.
 
 Mayor of the City of Terrytown
 ATTEST:
City Clerk