August 2017

CITY OF TERRYTOWN
COUNCIL MINUTES
The City of Terrytown Council met on Thursday, August 3, 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 Green and seconded by Perales to approve the minutes of July 6, 2017.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
Moved by Perales and seconded by Sherlock to approve Jerry Green’s conflict of interest for the payment of Clerk Linda Green’s wages.   Aye’s:  Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.   
Moved by Perales and seconded by Kriner to approve payment of Clerk Linda Green’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; A & A Porta-Potties, Portable Toilets, 500.00; Carpenter Center, Contribution, 250.00;
GENERAL FUND:  Moneywise Office Supply, Supplies, 57.62; One Call Concepts, Digger’s Hotline, 73.35; Pitney Bowes, Postage Meter Lease, 168.00; Verizon, Cellular Service, 111.36; Robert Blanco, Jr., Wages, 323.90; Hugo Chairez, Wages, 1032.00; Tamera Leeling, Wages, 830.39; Dennis McLaughlin, Wages, 849.80; Nebraska Child Support, Child Support Payment, 246.94;  Simmons, Olsen Law Office, Legal Fees, 1703.00; Scotts Bluff County Court, Court Costs, 17.00; City of Scottsbluff, Emergency Management Fee, 217.88; Charter Communications, Phone/Internet, 120.78; Ellison, Kovarik Law Firm, Legal Fees, 2030.00; Guardian Insurance, Life Insurance, 21.00; Windstream, Phone, 6.07; Nebraska Department of Revenue, State Withholding Tax, 963.09; Robert Blanco, Jr., Wages, 444.78; Hugo Chairez, Wages, 1069.15; Tamera Leeling, Wages, 830.39; Dennis McLaughlin, Wages, 863.67; Nebraska Child Support, Child Support Payment, 246.94; Principal Insurance, Vision Insurance, 41.55; Blue Cross Blue Shield, Health Insurance, 2747.04; Bomgaar’s, Fan/Air Conditioner, 689.98; Capital Bank & Trust, Simple IRA Contributions, 800.00; Carpenter Center, Office Rent/Contract Labor, 1154.00; Charter Communications, Phone/Internet, 170.92; Cyclone Express, Fuel, 259.24; Dale’s Tire & Retreading, Repair/Maintenance, 31.53; Dana Cole & Co., Accounting, 2000.00; Panhandle Humane Society, Pest Control, 600.00; Independent Plumbing & Heating, Supplies, 24.75; Johnson Cashway Lumber Co., Supplies, 27.69; Judy Hoatson, Bookkeeping, 370.00; Kent Greenwalt, Mileage, 34.10; League of Nebraska Municipalities, Membership Dues, 848.00; Moneywise Office Supply, Supplies 383.67; Northwest Pipe Fittings, Inc., Supplies, 164.60; Panhandle Area Development District, Membership Dues, 928.56; Panhandle Resource Conservation & Development, Inc., Membership Dues, 150.00; Reganis Auto Center, Repair/Maintenance, 302.82; Pitney Bowes, Meter Postage, 500.00; M. C. Schaff & Associates, Engineering, 400.00; Scottsbluff Police Department, Police Labor, 7683.33; Tim’s Electric,

Page 2                    Continued                 Payment of Claims
Repair/Maintenance, 68.80; Wholesale Motive Service, Supplies, 70.52; Linda Green, Wages, 203.17; Jerry Green, Wages, 69.26; Roy K. Greenwalt, Wages, 230.87; Cyinda Kriner, Wages, 69.26; Chris Perales, Wages, 69.26; Marcia Sherlock, Wages, 69.26;  WATER FUND:  HOA Solutions, Inc., Repair/Maintenance, 409.96; M. C. Schaff & Associates, Engineering, 6974.95; Eric Hennings Construction, Repair/Maintenance, 1210.00; Nebraska Public Power District, Utilities, 173.63; Maguire Iron, Inc., Repair/Maintenance, 1850.00; Nebraska Public Power District, Utilities, 3726.81; Enviro Service, Inc., Lab Fees, 36.00; HOA Solutions, Inc., Repair/Maintenance, 426.00; Johnson Cashway Lumber Co., Supplies, 8.59; M. C. Schaff & Associates, Engineering, 4563.60; Terry Carpenter, Inc., Well Lease, 438.00; SEWER FUND:   Nebraska Public Power District, Utilities, 322.99; Enviro Service, Inc., Lab Fees, 132.00; M. C. Schaff & Associates, Engineering, 1748.00; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collection, 7116.96; STREET FUND:  Nebraska Public Power District, Utilities, 2278.83; Nebraska Public Power District, Utilities, 267.53.  Moved by Sherlock and seconded by Green to approve the payment of claims as presented.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
Panhandle Humane Society (“PHS”) Animal Control Officer, Dodie Prohs, Cat Supervisor, Casey Bolic, and Director, Cathy McDaniels, addressed the City’s feral and stray cat problem. Numerous residents are feeding undomesticated feral cats. Due to their quick breeding and potential spreading of disease, this is creating a problem in the city. PHS recommended that residents do not feed feral cats. A further measure to assist with eliminating the spread of feral cats is a Trap-Neuter-Return program (“TNR”).  TNR is a management technique in which homeless, free-roaming (community) cats are humanely trapped, evaluated and sterilized by a licensed veterinarian, vaccinated, and then returned to their original habitat.
Nebraska Public Power District (“NPPD”) Account Manager Terry Rajewich discussed the Professional Retail Operations Agreement between NPPD and the City.  The agreement shall continue for a term of not less than fifteen years through August 2, 2032, and not more than twenty-five years through August 2, 2042.  NPPD leases the electric system from the City and operates it as part of their statewide system.  NPPD’s financial contributions to the City have been $78,606.00 in FY 2015-2016, $77,287.00 in FY 2014-2015 and $77,728.00 in FY2013-2014.  Moved by Perales and seconded by Kriner to approve Amendment No. 1 to Professional Retail Operations Agreement between Nebraska Public Power District and City of Terrytown, Nebraska.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.
RESOLUTION NO. 17-4

RESOLUTION APPROVING
EXTENSION OF PROFESSIONAL RETAIL OPERATIONS AGREEMENT

    WHEREAS, the City owns its electric distribution system, and

    WHEREAS, the amendment to extend the term of the Professional Retail Operations Agreement on file with the Council has been proposed by Nebraska Public Power District (NPPD) and fully discussed and explained, and

    WHEREAS, it is determined that it would be desirable to enter into said amendment to the Professional Retail Operations Agreement.


Page 3                      Continued                 Resolution 17-4

    NOW, THEREFORE, BE IT RESOLVED:

    1.    The said amendment to the Professional Retail Operations Agreement is approved and the Mayor is authorized to execute it, and the City Clerk to attest it on behalf of the City.

    2.    Notice of this transaction shall be given by publication once each week for three (3) successive weeks, of the following Notice:

NOTICE OF TRANSACTION

    The Council has approved a Resolution authorizing execution on behalf of the City of an amendment to the Professional Retail Operations Agreement (Agreement) between Nebraska Public Power District and the City of Terrytown, Nebraska.  The Agreement is on file with the City Clerk and available for inspection.  It contains provisions summarized as follows:

    1.    During the term of the Agreement, NPPD will pay to the City an amount equal to twelve percent (12%) of the retail revenues from the electric distribution system, adjusted to eliminate revenues from tax-supported agencies, fuel cost, and similar adjustments.  NPPD will maintain the electric distribution system, will make payments in lieu of taxes as required by law, and will provide insurance, as set out in the Agreement.

This Notice will be published once each week for three (3) successive weeks.  If, within thirty (30) days after the last publication thereof, a referendum petition signed by qualified electors of the City equal in number to at least twenty percent (20%) of the votes cast at the last general municipal election shall be filed with the City Clerk, this transaction shall not become effective until it has been approved by a vote of the electors.  If no such petitions are filed, the transaction shall become effective at the expiration of said thirty (30) day period.

ATTEST:                        CITY OF TERRYTOWN, NEBRASKA

Tamera Leeling                    By:  Kent Greenwalt
Assistant City Clerk                        Mayor


City Attorney Libby Stobel discussed a Guaranty in Lieu of Bond by Nelnet, Inc. to guarantee certain obligations of Allo Communications, LLC to the City.  The City granted a cable television franchise to Allo Twin Cities which has requested approval for transfer and assignment of the franchise to Allo.  Nelnet is the parent company of Allo and has an interest in the conduct of Allo in complying with the franchise.  Ordinance No. 395 requires Allo to post certain performance bonds provided, however, the guaranty of another person may be substituted for any of the bonds.  Nelnet is willing to provide this guaranty in satisfaction of the requirement that Allo provide the bonds.  Moved by Perales and seconded by Sherlock to approve Guaranty in Lieu of Bond by Nelnet, Inc.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.

City Attorney Libby Stobel discussed imposing a block party ordinance addressing safety issues.  The Scotts Bluff County Communications Center has expressed that 2 weeks advanced notice is needed to prepare an emergency management plan that coordinates services with law enforcement, fire department and medical services prior to a block party.  Currently, the City has no ordinances in place concerning block parties.  The Council is in favor of continuing to allow block parties as long as safety requirements are imposed.  The Council authorized City Attorney Libby Stobel to draft an ordinance to mirror the City of Scottsbluff’s ordinance on block parties requiring adequate preparation time for emergency management, notification of impacted residents, and obtain insurance.

Page 4                    Continued                 Water Project
City Engineer Jeff Wolfe presented an update on the water project.  The Phase I connection at Country Club Road and Five Rocks will begin on August 15, 2017, and will take approximately two to three months to complete.  There will be a new water main located on South Street.  Materials need to be put in place in the vault, valves and meters and a line to the water tower needs to be completed before the connection to the City of Gering water source can be made.

City Engineer Jeff Wolfe reported on the proposed storm water management program.  A joint meeting with the cities of Scottsbluff and Gering will be held later this month.  A preliminary storm water management map has been drawn up.  Scottsbluff will draft an inter-local agreement for services and training.  Scottsbluff will being updating their plan and Gering and Terrytown will be creating a plan that will take approximately 12-18 months.

City Administrator/Treasurer Lonnie Miller reviewed the June 2017 Financial Statements.  

City Administrator/Treasurer Lonnie Miller discussed the renewal of the City’s liability and property insurance with League Association of Risk Management (LARM).  LARM provides discounts to City’s based on the length of their commitment and cancellation notice. Moved by Sherlock and seconded by Perales to adopt the 3 year commitment, with a 180 day notice for a 5% discount. The premiums are a total of $17,709.42.  Aye’s:  Green, Kriner, Perales and Sherlock.  Nay’s:  None.  Motion approved.

RESOLUTION NO. 17-5

League Association of Risk Management
2017-18 Renewal Resolution

WHEREAS, The City of Terrytown is a member of the League Association of Risk Management (LARM);

WHEREAS, section 8.10 of the Interlocal Agreement for the Establishment and Operation of the League Association of Risk Management provides that a member may voluntarily terminate its participation in LARM by written notice of termination given to LARM and the Nebraska Director of Insurance at least 90 days prior to the desired termination given to and that members may agree to extend the required termination notice beyond 90 days in order to realize reduced excess coverage costs, stability of contribution rates and efficiency in operation of LARM; and

WHEREAS, the Board of Directors of LARM has adopted a plan to provide contribution credits in consideration of certain agreements by members of LARM as provided in the attached letter.

BE IT RESOLVED that the governing body of The City of Terrytown, Nebraska, in consideration of the contribution credits provided under the LARM Board’s plan, agree to:

• Provide written notice of termination at least 180 days prior to the desired termination date, which date shall be no sooner than September 30, 2020.  (180 day and 3 year commitment; 5% discount)
  

Adopted this 3rd day of August, 2017.

                        Signature:  Kent Greenwalt
                        Title:           Mayor
                        ATTEST:      Tamera Leeling
                        Title:           Assistant City Clerk


Page 5                    Continued             Maintenance Activities
Utility Supervisor Hugo Chairez reported on maintenance activities during the past month.  The tree dump located by Terry’s Lake has been removed, alleys have been graded and the area around the sewer plant has been cleaned up.

Scottsbluff Police Department Captain Brian Wasson reported that approximately three years ago that prorated funding from local agencies include the City of Terrytown was established to help fund repairs and improve the infrastructure at the Scotts Bluff County Communications Center.  The money has been pooling up and will be used to sustain the Communication Center and improve the technology.  The Combined Communications Advisory Board has selected a vendor for the Computer Aided Dispatch and Records Management System.  Eight software vendors originally applied and that number was reduced to four companies and one vendor has been selected to enter into contract negotiations.  It will take approximately 1½ to 2 years to put the infrastructure into place.  

There being no further business to come before the Council, moved by Green and seconded by Sherlock to adjourn to the next called meeting on Thursday, September 7, at 6:30 PM, subject to the call of the Mayor.  Aye’s:  Green, Perales and Sherlock.  Nay’s:  None.  Motion approved.

                                                                                    ____________________________________
                                Mayor of the City of Terrytown
ATTEST:

_____________________________________
Assistant City Clerk