November 2018 Minutes

CITY OF TERRYTOWN
COUNCIL MINUTES
  
The City of Terrytown Council met on Thursday, November 1, 2018, 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 Kent Greenwalt.  Council Members present were:  Tyler Feil, Jerry Green, 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 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.

Panhandle Humane Society Animal Control Representative/Senior Kennel Tech Virginia (Ginger) Klemm presented the Council with the Humane Society’s new three-step warning system adopted due to pet owners ignoring warnings.  The three-step warning system is outlined as follows: Step #1 – a verbal warning is issued or a written notice is left at the residence; Step #2 – If no corrective action has been taken, a second formal written warning letter is issued citing the City’s ordinances; and Step #3 – If no corrective action still has not been taken, a second written notice will be sent and a copy forwarded to the City Attorney for review and possible prosecution.  Panhandle Humane Society Senior Kennel Tech Lauren Brock presented an update on the feral cat situation.  Permission was granted by the home owner to remove feral cats from the residence located at 67 South Street.  Also, other feral cats were trapped at different locations, but only one cat was determined to be adoptable.  One dog was surrendered by its owner, however, the dog was diagnosed with Parvo.  The dog and unadoptable, sick cats were euthanized humanely.

Resident David Ojeda brought numerous grievances against Patriot Parks to the Council’s attention.  His complaints included: dismantled, abandoned mobile homes, which are drawing in the homeless and creating a fire risk, debris and trash in yards, feral cats and problems with mice, increase in vandalism and thefts, and lack of yard care, resulting in weeds.  Mr. Ojeda has contacted Patriot Parks Property Manager Cinda Munoz about the concerns.  Ms. Munoz was also present at the meeting, and advised that Patriot Parks is making an effort to address these complaints, however, due to Patriot Parks’ limited budget and difficulty finding people to dispose of trailers and work on the clean up, it is taking more time than originally expected.  Ms. Munoz explained that water and sewer repairs are their first priority, and there have been a number of line and main repairs.  She also explained that evicting someone from trailers is a lengthy, two-month process and then she must deal with disposing of it, so nothing can happen overnight.  Landscaping is slated for the spring and in the meantime dangerous trees will be cut down.

Patriot Park Property Manager Cinda Munoz addressed the Council with a request for a Mobile Home Dealership License.  Patriot Park would like to improve the mobile home park by removing existing mobile homes that are deemed unsafe for residency and placing new mobile homes on lots that are currently vacant.  Patriot Park has approximately 130 lots and only about 100 lots are currently occupied.  A Mobile Home Dealership License would permit Patriot Park to lease or sell these mobile homes to people wanting to reside within Patriot Park.  Patriot Park needs to include a letter from the City attesting that the property is properly zoned along with the mobile home dealership license application.  Patriot Park is zoned for “Regular Mobile Homes” meaning that Patriot Park owns the lots but that the mobile homes are owned privately.  City Attorney Libby Stobel advised that there are no permitted or conditional business uses in this zoning.  Ms. Stobel advised that as long as the City’s zoning regulations, which permits one home per lot and outlines set-backs and side/front yards, is not violated that the request for the dealership license could be permissible.  Moved by Perales and seconded by Sherlock to direct City Attorney Libby Stobel to prepare a letter to the state stating that this is an authorized use in a mobile home park.  Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved.

Moved by Sherlock and seconded by Feil to approve the minutes of the regular meeting of October 4, 2018.   Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved. 
Regular Claims (October 4, 2018 to October 31, 2018): 
KENO FUND:  A & A Porta Potties, Portable Toilet Rental, 400.00; Nebraska Public Power District, Utilities, 117.73; Carpenter Center, Contribution, 250.00; GENERAL FUND:  Cozad Signs, Sign, 90.00; Hi Performance Car Wash, Repairs/Maintenance, 13.95; Intralinks, Inc., Repairs/Maintenance, 47.50; League Association of Risk Management, Property Insurance, 291.99; Verizon Wireless, Cellular Service, 242.55; United States Treasury, EFTPS/FICA, 2348.88; Nebraska Public Power District, Utilities, 196.04; Print Express, Supplies, 632.55; Nebraska Department of Labor, Payroll Tax (2018-3rd Quarter), 231.96; Juan Duque, Witness Fees, 20.00; Simmons, Olsen Law Firm, Legal Fees, 4268.00; Star-Herald, Publications, 272.57; Valerie West, Witness Fees, 20.00; Hugo Chairez, Wages, 1410.15; Tamera Leeling, Wages, 987.99; Dennis McLaughlin, Wages, 941.25; Guardian Insurance, Life Insurance, 27.75; Nebraska Department of Revenue, Income Tax Withholding (2018-3rd Quarter), 1094.57; Principal Insurance, Vision Insurance, 41.55; Robert Blanco, Jr., Wages, 99.00; Hugo Chairez, Wages, 1203.79; Tamera Leeling, Wages, 928.59; Dennis McLaughlin, Wages, 972.40; Nebraska Child Support, Child Support Payment, 123.48; Windstream, Phone, 7.82; Blue Cross Blue Shield, Health Insurance, 2582.74; Allo Communications, Phone/Internet, 234.77; Capital Bank & Trust Co., Simple IRA Employee Contributions, 800.00; Carpenter Center, Office Rent/Front Desk Supervision, 1192.00; City of Scottsbluff, Emergency Management Fee, 209.52; CNA Surety, Bond Renewal, 145.00; Cyclone Express, Fuel, 313.55; Panhandle Humane Society, Animal  Control, 600.00; Intralinks, Inc., Repairs/Maintenance, 179.00; Judy Hoatson, Bookkeeping, 1470.00; Kent Greenwalt, Mileage, 84.48; Moneywise Office Supply, Supplies, 14.42; Pitney Bowes, Supplies, 206.97; Respond First Aid, Supplies, 38.89; Scottsbluff Police Department, Police Labor, 10833.33; M.C. Schaff & Associates, Engineering, 1040.00; Twin Cities Development Association, Inc., Membership, 1500.00; Tyler Feil, Wages, 66.76; Jerry Green, Wages, 69.26; Roy K. Greenwalt, Wages, 230.87; Chris Perales, Wages, 69.26; Marcia Sherlock, Wages, 69.26; WATER FUND:  Pipe Works Plumbing, Repairs/Maintenance, 934.90; Hugo Chairez, Mileage/Meal Reimbursement, 698.86; Nebraska Public Power District, Utilities, 205.44; Nebraska Department of Revenue, Sales/Use Tax, 1260.34; Nebraska Public Power District, Utilities, 192.48; Enviro Service, Inc., Lab Fees, 40.00; Hennings Construction, Repairs/Maintenance, 525.00; City of Gering, Wholesale Water Sales, 7951.45; Nebraska Public Health Environmental Lab, Lab Fees, 496.00; M.C. Schaff & Associates, Engineering, 5540.00; Terry Carpenter, Inc., Well Lease, 438.00; SEWER FUND:  Enviro Service, Inc., Lab Fees, 173.00; Waste Connections, Recycle Collection, 70.69; Nebraska Department of Revenue, Sales/Use Tax, 1447.80; Nebraska Public Power District, Utilities, 2212.98; Nebraska Public Power District, Utilities, 343.29; City of Scottsbluff, Wastewater, 8745.36; Enviro Service, Inc., Repairs/Maintenance, 2320.00; Enviro Service, Inc., Lab Fees, 173.00; Russell Industries, Repairs/Maintenance, 2324.80;  M.C. Schaff & Associates, Engineering, 2990.00; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collection, 7033.62; STREET FUND:  Nebraska Public Power District, Utilities, 2212.98; Nebraska Public Power District, Utilities, 267.53.   Moved by Sherlock and seconded by Green to approve the payment of regular claims as presented.  Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved. 

City Administrator/Treasurer Lonnie Miller explained that according to Nebraska State Statute 17-606 that the City Treasurer is required to present the monthly financial report within 20 days after the end of the month.  Due to the date that the City of Terrytown holds their monthly city council meeting, it is not possible to present this report within the required deadline.  City Administrator/Treasure Lonnie Miller has contacted City Attorney Libby Stobel regarding this issue.  By resolution, the Council can formally adopt a date that establishes the due date of financial reporting to the council.  Moved by Sherlock and seconded by Perales to approve Resolution 18-08 which will establish the due date as for the City Treasurer’s monthly accounts shall be the second regularly scheduled monthly council meeting following the month of accounting.   Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved.

RESOLUTION 18-08
     WHEREAS, Neb. Rev. Stat. §17-606(1) requires that the treasurer of each city of the second class or village perform the following tasks:


1. Keep a separate account of each fund or appropriation and the debts and credit belonging thereto.

2. Give every person paying money into the treasury a receipt for such money, specifying the date of payment and on what account paid.

3. File copies of such receipts with his or her monthly reports, and he or she shall, at the end of every month, and as often as may be required, render an account to the city council or village board of trustees, under oath, showing the state of the treasury at the date of such account and the balance of money in the treasury.

4. Accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him or her, which warrants, with any and all vouchers held by him or her, shall be filed with his or her account in the clerk’s office.
 
     WHEREAS, Neb. Rev. Stat. §17-606(1) further requires that the treasurer of each city of the second class or village render his or her aforementioned account(s) within twenty days after the end of the month, or by a later date established by the city council and the mayor of the city of the second class.
 
     WHEREAS, the current practice of the City of Terrytown’s treasurer is to present each month’s financial accounts at the second regularly scheduled monthly council meetings following the month of accounting.
 
     WHEREAS, The City Council consents to the current practices and wishes to memorialize such practice in the form of a resolution.
 
     NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of Terrytown, Nebraska, that the due date as for the City’s Treasurer’s monthly accounts shall be the second regularly scheduled monthly council meeting following the month of accounting.
 
     PASSED AND APPROVED this 1st day of November, 2018.
 
Kent Greenwalt, Mayor
Tammy Leeling, City Clerk (SEAL)
 
City Administrator/Treasurer Lonnie Miller reviewed the September 30, 2018 Financial Statements.  Financial Statements are available for public inspection at the office of the City Clerk. 
 
City Administrator/Treasurer Lonnie Miller explained that the City currently does not have a per diem policy for employee reimbursement.  Recently Utilities Supervisor Hugo Chairez needed to be reimbursed a per diem for his lunch and dinner meals while he attended a water operator license workshop.  There was no per diem required for breakfast because the meal was provided by the hotel.  Mr. Miller contacted the cities of Scottsbluff, Gering and Mitchell for their per diem amounts.  The federal per diem rate (10/18-09/19) is $13.00/breakfast, $14.00/lunch and $23.00/dinner for a total of $50.00 per day.  Mr. Miller recommended the City establish a per diem of $7.00/breakfast, $11.00/lunch and $23.00/dinner for a total of $41.00 per day, which is the amount paid by the City of Gering.  Moved by Green and seconded by Feil to establish a per diem of $7.00/breakfast, $11.00/lunch and $23.00/dinner for a total of $41.00 per day.  Aye’s:  Feil, Green and Perales.  Nay’s:  Sherlock.  Motion approved.
 
City Administrator/Treasurer Lonnie Miller announced that a Retirement Tea for Mayor Kent Greenwalt will be held on Wednesday, December 12, 2018, from 1:00 PM to 3:00 PM. at the Carpenter Center, 116 Terry Boulevard in the City of Terrytown.
 
City Engineer Jeff Wolfe reported that only one bid was received for the Terrytown Water Project Phase 2-Internal Improvements which includes the construction of water mains, valves, hydrants and services for various areas around the city.  Paul Reed Construction’s bid was $1,188,494.79 to do the major improvements while the engineer’s estimate was $783,552.00. This was over budget by $404,942.79.  Only one bid was also received for the Terrytown Water Project Phase 3-Water Meters which consists of the installation of 540 water meters, services and appurtenances. Henning’s Construction submitted a bid of $1,089,031.00 to install the water meters while the engineer’s estimate was $881,860.00, over budget by $207,171.00.  Mr. Wolfe advised that the City has $240,000.00 in contingency money built into the entire project.  However, if 100% of the contingency money was used, the project would still be a half million dollars short.  Mr. Wolfe is checking to see if additional funding may be available.  Mr. Wolfe also advised that the City has the ability to negotiate the price, but that we need state and federal approval to do it.  Mr. Wolfe recommended that the Council take no action on awarding the bids as both bids are good for 60 days.  This matter will be tabled until City Engineer Wolfe can gather more information and report back at the December 6, 2018, city council meeting.
 
City Engineer Jeff Wolfe discussed the Nebraska Platte Alliance Water Supply (NPAWS) Interlocal Agreement. The PAWS project is a rural municipal water supply project incorporating 11 communities and additional rural water districts in Southeastern Wyoming and Western Nebraska, along the North Platte River basin.  These rural municipalities are experiencing significant financial hardships to treat for nitrates, arsenic and uranium contaminates in the public water supply system.  Upstream, in Wyoming, the ground water quality is significantly improved.  The planning concept is to take water upstream in the Platte River, where only conventional treatment processes will be required and via gravity transmission, pipe the treated water downstream to the rural municipalities and water districts.  The project will be a first multi-state treated water project for both Wyoming and Nebraska.  The purpose of this project is to look into the feasibility of construction of a single water treatment plant and pipeline that would be a bulk water supplier to every community from Guernsey, Wyoming to Bridgeport, Nebraska.  One treatment plant would allow for ease of addressing individual water quality issues, as well as reducing the overall operations and maintenance costs of treatment.  Moved by Green and seconded by Sherlock to approve the Nebraska Platte Alliance Water Supply (NPAWS) Interlocal Agreement.  Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved.
 
City Attorney Libby Stobel discussed forming a committee for investigation of a part-time City Code Enforcement Officer.  Nuisance matters have been frequently addressed with the council, but the City doesn’t currenly have someone to investigate and follow up on these matters.  The City has a Board of Health that meets at the most once a month and more often during the spring and summer months, however, often the complaints fall on the Utilities Supervisor and Utilities Worker to perform leg work and and the City Attorney is directed to send out letters requesting corrective action.  Then the matter is brought to the Board of Health the following month and the process is repeated until it is corrected or presented for prosecution.  Currently, no one oversees these matters on a regular basis, and it is had to get a handle on nuisance properties before they become overwhelming.  Considering the number of concerns from citizens, it is recommended to hire a person to actively perform the duties of researching nuisances and code violation complaints.  A part-time Code Enforcement Officer position has been budgeted.  Jerry Green and Tyler Feil volunteered to serve on this committee.  Moved by Green and seconded by Sherlock to form a committee for investigation of a Code Enforcement Officer position.  Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved.
 
Chief of Police Kevin Spencer advised that the Computer Aided Dispatch and Records Management System went live on October 24, 2018.  This system has connected all law enforcement and the Department of Corrections together.  With this system, officers will spend less time in the office and have more pro-active approach to law enforcement.  Upcoming “Car Seat Check-Ups” will be held on November 19, 2018, and December 28, 2018, at the Scottsbluff Public Safety Building, 1801 Avenue B, Scottsbluff (enter the parking lot off West 19th Street).  In case of bad weather, the check will be moved indoors.  No appointment is needed and the checks take approximately 20-30 minutes per seat.  If you cannot afford a car seat, one will be provided to you.  Chief Spencer reported that a drug take-back kiosk is located inside the entrance to the police station for those wanting to dispose of their medications.  Testing for the position of police officer will be held on November 9, 2018.
City Engineer Jeff Wolfe requested council to consider Ordinance No. 448 concerning rates charged for city-owned water and sewer utilities, repealing prior ordinances and providing for an effective date.  The new water rates would include a $1.25 per month surcharge for stormwater management in order to allow the City to raise funds to support the unfunded stormwater management program mandate.  The 2019 rates reflect a 5% increase from 2018 and will go into effect on January 1, 2019.  For a single-family dwelling, the flat rate is $33.96 per month for water and $44.10 for sewer.  Moved by Green and seconded by Sherlock to waive the three readings of the ordinance.  Aye’s:  Feil, Green, Perales and Sherlock.  Moved by Feil and seconded by Green to approve Ordinance No. 448 concerning rates charged for city-owned water and sewer utilities, repealing prior ordinance and providing for an effective date.  Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved.
 
ORDINANCE No. 448
AN ORDINANCE OF THE CITY OF TERRYTOWN, NEBRASKA, CONCERNING RATES CHARGED FOR CITY-OWNED WATER AND SEWER UTILITIES, REPEALING PRIOR ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED by the Mayor and City Council of the City of Terrytown, Nebraska:

1. The City Council establishes water rates and sewer rates for all areas served by the city water and sewer system, both inside and outside the corporate limits of the City, as provided for in this Ordinance.  The rates provided for in this Ordinance shall be effective January 1, 2019.  

2. The city shall define an occupied dwelling as any dwelling or mobile home in which a person or persons dwell or reside for residential living or commercial occupation and an unoccupied dwelling as any dwelling or mobile home not currently occupied by a person or persons for any purpose.  Disconnection or reconnection of water or sewer service shall be in accordance with Ordinance No. 404 or any successor to that Ordinance.  
3. The following occupied dwelling rates will prevail in service areas both inside and outside the corporate limits of the City of Terrytown:
                                                                WATER               SEWER
Single Family Dwellings                  $33.96                $44.10
Multiple Family Dwellings              $33.96                $44.10
Mobile Homes                                      $33.96                $44.10 

4. The following unoccupied dwelling rates, which include unoccupied mobile home lots, will prevail in service areas both inside and outside the corporate limits of the City of Terrytown: 
                                                                WATER                SEWER
Single Family Dwellings                  $19.01                 $0.00
Multiple Family Dwellings              $19.01                 $0.00                                                                            Mobile Homes                                      $19.01                 $0.00
 
5.     All commercial water and sewer rates shall be as included in attached “Schedule of Commercial Water and Sewer Rates” which is marked as Exhibit “A” and incorporated by this reference.  Any successor occupants to the properties listed shall pay the rate as shown for the current or last occupant unless changed by ordinance.  Any Commercial establishment not shown on the attached Schedule shall pay the same rates as assessed for Single Family Dwellings.
 
6.    The rates for metered locations shall be as follows:
Water:       $3.24 per 1,000 gallons
Sewer:       $4.05 per 1,000 gallons
 
7.     In addition to these base rates, the residents of Sanitary and Improvement District No. 2, Scotts Bluff County, Nebraska shall pay an additional $15.00 per month for operation and maintenance fees (O&M Fees) for the sanitary sewer mains through which the City supplies sanitary sewer services.
 
8.    There will be an additional $1.25 per month surcharge to all occupied or unoccupied dwellings with water and sewer service for storm water regulatory requirements and the use, upkeep and maintenance of the City’s storm water collection system.
 
9.     Ordinance No. 441 and all other Ordinances or parts of Ordinances in conflict with this Ordinance are repealed as of the effective date of the rates set by this Ordinance.
 
10.    This Ordinance shall take effect and be in force following its passage, approval and publication as required by law.
Passed and Approved on November 1st, 2018.
 
Kent Greenwalt - Mayor of the City of Terrytown
ATTEST:  Tammy Leeling – Terrytown City Clerk
 
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, December 6, 2018, at 6:30 PM, subject to the call of the Mayor.  Aye’s:  Feil, Green, Perales and Sherlock.  Nay’s:  None.  Motion approved.
 
 Mayor of the City of Terrytown
 
ATTEST:
City Clerk