CITY OF TERRYTOWN
COUNCIL MINUTES The City of Terrytown Council met on Thursday, June 7, 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. Bellevue Resident Jack Medearis addressed the City Council regarding an essential easement on his property needed to locate a loop for the water project. By creating a loop to the top of the hill in Bellevue and back to Terrytown, this creates the continuous flow necessary to keep the water pressure level throughout the system. Jeff Wolfe educated the council that while it is possible for the water project to proceed without the loop, water pressure fluctuations would occur and the dead end can create an area for bacteria to grow. Mr. Medearis disagrees with easement agreement as proposed by the City that would not extend the sewer lines until the point his property is developed, but rather, Mr. Medearis is requested that the City extend the sewer lines immediately in exchange for a permanent easement. City Engineer Jeff Wolfe will be required to put together a project to extend the sewer lines and then bids can be taken for construction, and estimates the cost of the project could be $40,000. The cost of this project will be funded from the City’s sewer fund. Moved by Perales and seconded by Green to revise the easement to reflect the City extending the sewer line now, and to authorize Mayor Greenwalt to sign an amended easement. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. Panhandle Area Development District (PADD) Executive Director Jeff Kelley addressed the City Council to present an update on PADD. In 2017, 37 member communities and counties contributed over $56,000 in membership dues to PADD. In return, over $1,024,000 in grants were awarded to Panhandle communities, five new economic development loans of $490,000 were made to create 47 new jobs, and 100 citizens were trained. A Brownfields inventory project was completed in 2017 which identified over 200 Brownfields sites and facilitated community prioritization processes. This inventory led to PADD receiving an EPA Brownfields grant for $445,000 to help communities, buyers, and sellers pay for environmental site assessments over the next three years. Moved by Sherlock and seconded by Perales to appoint Cindy Rein and Mike Minzey 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. Adjustments to the minutes of the regular meeting of May 3, 2018, need to be made on Page 1, Paragraph 5 to include rewording and to insert date of maturity. Moved by Perales and seconded by Sherlock to approve the minutes of the regular meeting of May 3, 2018, with the adjustments. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. Regular Claims (May 3, 2018 to June 6, 2018): KENO FUND: A & A Porta Potties, Portable Toilets, 400.00; Nebraska Public Power District, Utilities, 107.79; A & A Porta Potties, Portable Toilets, 400.00; Carpenter Center, Contribution, 250.00; GENERAL FUND: Hi Performance Car Wash, Repairs/Maintenance, 13.50; Intralinks, Inc., Repairs/Maintenance, 47.50; One Call Concepts, Digger’s Hotline, 39.72; Verizon Wireless, Cellular Service, 222.73; Western Plains Business Solutions, Business Forms, 142.50; Contractors Materials, Inc., Supplies, 128.00; League Association of Risk Management, Payroll Audit FY 16-17, 2098.88; Scotts Bluff County Clerk, Court Costs, 17.00; Simmons, Olsen Law Firm, Legal Fees, 43.67; 21st Century Equipment, Repairs/Maintenance, 182.61; Nebraska Public Power District, Utilities, 416.62; Western Plains Business Solutions, Copier Maintenance Service Agreement, 140.87; Robert Blanco, Jr., Wages, 402.85; Hugo Chairez, Wages, 1164.69; Tamera Leeling, Wages, 956.81; Dennis McLaughlin, Wages, 931.34; Nebraska Child Support, Child Support Payment, 246.94; Hugo Chairez, AirMedCare Reimbursement, 55.00; Tamera Leeling, AirMedCare Reimbursement, 55.00; Dennis McLaughlin, AirMedCare Reimbursement, 55.00; Charter Communications, Shop Phone/Internet, 121.34; Indoff Incorporated, Supplies, 8.12; Staples, Equipment/Supplies, 148.84; Scottsbluff Star-Herald, Publications, 294.33; Guardian Insurance, Life Insurance, 27.75; Windstream, Phone, 7.71; Ellison Law Firm, Legal Fees, 157.50; Robert Blanco, Jr., Wages, 451.04; Hugo Chairez, Wages, 1073.82; Tamera Leeling, Wages, 918.66; Dennis McLaughlin, Wages, 863.76; Nebraska Child Support, Child Support Payment, 246.94; Principal Insurance, Vision Insurance, 41.55; Blue Cross Blue Shield, Health Insurance, 2582.74; ACM Accountants, Audit FY17, 1200.00; Capital Bank & Trust, Simple IRA Employee Contributions, 800.00; Carpenter Center, Office Rent/Front Desk Supervision/Panhandle Clerks Meeting Lunch Preparation, 1206.00; Charter Communications, Office Phone/Internet, 172.02; Cyclone Express, Fuel, 435.83; Dale’s Tire & Retreading, Inc., Repairs/Maintenance, 43.39; Dana Cole & Co., Accounting, 4715.00; DBO Digital Marketing, Website Additions/Training, 100.00; Frank Parts Co., Repairs/Maintenance/Supplies, 419.44; Panhandle Humane Society, Pest Control, 600.00; Indoff Incorporated, Supplies, 20.27; Jirdon Agri Chemicals, Inc., Supplies, 1125.05; Johnson Cashway Lumber, Supplies, 73.16; Judy Hoatson, Bookkeeping, 370.00; Kent Greenwalt, Mileage, 58.30; Moneywise Office Supply, Supplies, 14.93; One Call Concepts, Digger’s Hotline, 90.99; Petty Cash, Supplies/Miscellaneous, 91.29; Pitney Bowes, Meter Postage, 500.00; Scottsbluff Police Department, Police Labor, 7683.33; M.C. Schaff & Associates, Engineering, 130.00; Simmons Law Firm Legal Fees, 2200.00; Verizon Wireless, Cellular Service, 222.73; 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: Nebraska Public Power District, Utilities, 347.60; Scottsbluff Star-Herald, Publication, 626.51; Nebraska Public Power District, Utilities, 192.48; Enviro Service, Inc., Lab Fees, 40.00; City of Gering, Wholesale Water Sales, 6104.80; City of Gering, Utilities, 31.97; Hennings Construction, Repairs/Maintenance, 675.00; Johnsen Corrosion Engineering, Inc., Repairs/Maintenance, 941.00; Northwest Pipe Fittings, Inc., Repairs/Maintenance, 75.59; Petty Cash, Supplies, 4.14; Terry Carpenter, Inc., Well Lease, 438.00; SEWER FUND: Enviro Service, Inc., Lab Fees, 173.00; Nebraska Public Power District, Utilities, 282.58; City of Scottsbluff, Wastewater/Labor & Equipment/Stormwater Supplies, 10471.01; Enviro Service, Inc., Lab Fees, 346.00; Terry Carpenter, Inc., Land Lease, 150.00; Waste Connections, Trash Collection, 7103.07; STREET FUND: Nebraska Public Power District, Utilities, 2301.86; Nebraska Public Power District, Utilities, 267.53; City of Scottsbluff, Street Sweeping, 1239.13; Hennings Construction, Repairs/Maintenance, 450.00; M.C. Schaff & Associates, Engineering, 130.00. 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 reviewed the April 30, 2018 Financial Statements. Financial Statements are available for public inspection at the office of the City Clerk. City Administrator/Treasurer Lonnie Miller discussed using Allo Communications as the City’s phone and internet provider. Presently the City is using Spectrum/Charter for phone and internet services. The City has received a Page 3 Continued Phone/Internet Provider proposal from Allo Communications to provide phone and internet services to both the office and shop building. Allo Communications would provide 55 Mbps upload and download speed for internet compared to Spectrum/Charter which provides 60 Mbps download speed and 5 Mbps upload speed. The current charge for office phone line/fax line/voicemail and taxes and fees through Spectrum/Charter is $172.02 per month at a grandfathered rate compared to Allo Communications proposed charge of $137.03 per month. Intralinks, Inc., the City’s computer system tech provider, advised that there would be no issues if the change from Spectrum/Charter to Allo Communications occurred. Moved by Perales and seconded by Sherlock to change from Spectrum/Charter to Allo Communications as the phone and internet provider. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. City Administrator/Treasurer Lonnie Miller explained that the City currently only has a back-up system for the City’s utilities and business accounts. In the event of a disaster, it would be costly and expensive and require additional time to reenter data. As a precaution, it would be beneficial to have a back-up system in place locally and through the “cloud”. Mr. Miller obtained proposals from Intralinks, Inc. and Bytes Computer. Intralinks, Inc. offered two options. Option 1 would involve the City purchasing local back-up hardware for two computers (office and water system) for local back-up for a one-time fee of $503.19. Only selected data would be backed up to the “cloud,” and there would still be a risk of important City data being lost. The monthly cost for Option 1 would be $60.00. Option 2 would involve the City paying monthly for back-up services. Local hard drive equipment would be provided and “cloud” back-up service usage would be unlimited for $179.00 per month. Intralinks, Inc. proposal for Option 2 is for one computer, however, when the water system computer is implemented, each computer would have a monthly fee of $159.00. Intralinks, Inc. requires a 1-year contract. Option 3 with Bytes Computer would involve the City paying for back-up services. Local hard drive equipment would be provided and unlimited “cloud” back-up service usage would be $500.00 per month. Bytes requires a signed 3-year agreement. Moved by Green and seconded by Feil to have Intralinks, Inc. provide back-up services proposed in Option 2 for the City’s computer system. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. City Administrator/Treasurer Lonnie Miller presented an update on the claim from Legacy Communications. Legacy Communications submitted a tort claim in the amount of $9,414.10 for damages to the KOAQ main transmitter line in the alleyway behind South Street caused during Phase I of the Water Project. Due to the line to the transmitter being cut, monitoring equipment has been damaged resulting in the transmitter operating below FCC guidelines. As a result, Legacy Communications placed a junction box before the dike to correct the problem. The Council decided at the May 3, 2018 city council meeting to take no action regarding the Legacy Communications tort claim in the amount of $9,414.10 for costs incurred regarding repairs to damages of a radio cable, other than to refer the claim to the City’s insurance carrier, League Association of Risk Management (LARM) for possible review and investigation. Mr. Miller contacted LARM and was advised to forward the claim to Hennings Construction. Eric Hennings from Hennings Construction contacted Mr. Miller and advised that he did not feel that the City was responsible and he had submitted the claim to his company’s insurance carrier to contest the claim. City Engineer Jeff Wolfe presented an update on the water project. The last easement needed is on Jack Medearis’s property, as discussed above, and once it is signed, it will be sent to the state for approval. Upon state’s approval, a bid date can be set for the next phase of the Terrytown Water Meter Project. City Engineer Jeff Wolfe explained that Barbara Carpenter recently contacted the City to discuss Tax Lot 01030162/17A & 18A Terry Boulevard, which is owned by the City. It was transferred to the Village of Terrytown in 1962 by Terry Carpenter, but TCI has been treating as its own until recently. Located on the property is a former well house that is abandoned and has been used by TCI for storage. TCI agreed to remove all personal property from the lot. Utilities Supervisor Hugo Chairez advised that the well house can be utilized for storage by the maintenance department. Also on the lot is a trailer house. It is believed that Patriot Parks has been collecting lot Page 4 Continued Tax Lot 01030162/17A & 18A Terry Blvd. rent for the trailer house. It was recommended that City Administrator/Treasurer Lonnie Miller contact the City’s insurance carrier LARM regarding insurance on the well house. Moved by Green and seconded by Sherlock to authorize City Attorney Libby Stobel to make a demand on Patriot Parks to turn over all lot rent associated with Lot 17A & 18A Terry Boulevard to the City, and further inquire about Patriot Parks’ interest purchasing the land. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. Moved by Perales and seconded by Sherlock to direct City Administrator/Treasurer Lonnie Miller to contact the City’s insurance carrier LARM to provide insurance on the well house. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. City Engineer Jeff Wolfe discussed a request from Terry Carpenter, Inc. to place a roll-off dumpster on the concrete pad while they remove their possessions from the abandoned well house located on City property at 17A & 18 A Terry Boulevard. Terry Carpenter, Inc. has been advised that this expense will be their responsibility. Moved by Sherlock and seconded by Green for Terry Carpenter, Inc. to agree to placing a roll-off dumpster on the concrete pad located at 17A & 18A Terry Boulevard during TCI’s cleaning process. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. City Engineer Jeff Wolfe explained that Hydro Optimization and Automation Solutions (HOA Solutions) have submitted a proposal in the amount of $4,150.00 to update the City of Gering’s SCADA System which involves installing a radio communication panel at the City of Terrytown’s maintenance building as part of the of the agreement with the City of Gering for the Terrytown Water Meter Project. The SCADA System is an electronic system that allows the City of Gering to also monitor and regulate Terrytown’s water system in the event of pressure of backflow problems in the lines. The City will pay for the system out-of-pocket, however, the expenditure might be reimbursable from the grant funding once the entire project is completed. Moved by Perales and seconded by Sherlock to approve proposal from HOA Solutions for $4,150.00 to update the City of Gering’s SCADA System as required in the contract agreement between the City of Terrytown and the City of Gering. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. City Attorney Libby Stobel reported that the Municipal Code Book Committee met on June 7, 2018, to discuss the next three chapters of the proposed municipal code book. Only three chapters remain for discussion. A special meeting will be held in late July or early August to review all of the suggestions and corrections compiled and to seek the Council’s approval of the proposed changes prior to submission to Municipal Code Services. Office Manager Tammy Leeling reported that the City of Terrytown Board of Health requested that dog waste bag dispensers be purchased and place in the city’s two parks and one on the pathway after a complaint was received from a citizen regarding dog feces in the parks and along the lake near the trash dumpsters. Ms. Leeling recommended that the Pinch-N-Pull Dispenser Starter Station with 400 bags included for $65.99 be purchased from Pet Waste Company. Also, Ms. Leeling recommended that signs similar to the City of Gering’s signs with a reminder to pick up after your dog and the ordinance number be placed on the same post as the dispenser station. Utilities Supervisor Hugo Chairez advised that the signs would cost approximately $50.00 per sign. After discussion by the Council, it was suggested to purchase only one dispenser to determine if it was utilized by dog owners before more dispensers were purchased. Moved by Sherlock and seconded by Green to purchase one Pinch-N-Pull Dispenser Starter Station with 400 bag included for $65.99 from Pet Waste Company and to purchase one sign with the City’s ordinance number and reminder to pet owner. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. Office Manager Tammy Leeling discussed that the League Association of Risk Management (LARM) in cooperation with the Western Nebraska Clerks Association/Panhandle Clerks’ Association will be holding the Learn with LARM Risk Management Seminar on Tuesday, July 17, 2018, from 8:30 a.m. to 3:30 p.m. at the Gering Civic Center. Topics are geared for municipal safety and risk management and will include Cyber Safety, Worker’s Comp 101, Workplace Violence, Submitting a Claim, Citizens’ Academies, Insuring Events, Stopping the Bleed and Safety: Who’s Fault Is It?. This information is useful for elected officials, city managers/administrators, city clerks, office Page 5 Continued LARM Risk Management Seminar staff, maintenance staff, law enforcement and fire departments. Cost for this event is $20.00 per person (registered before July 1, 2018) or $30.00 per person (registered after July 1, 2018) and includes lunch. Moved by Sherlock and seconded by Perales to pay $20.00 per person to cover expense of early registration for city officials and city employees to attend the Learn with LARM Risk Management Seminar to be held on July 17, 2018. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. Police Chief Kevin Spencer reported that a Highway Safety grant was used to fund overtime for “Click It or Ticket It” enforcement that focuses on seatbelt use. This event was conducted May 21, 2018, to June 3, 2018, and resulted in 76 citations, 294 warnings and 67 arrests. Chief Spencer announced that Western Nebraska Intelligence and Narcotics Group (WING) has received the High Intensity Drug Trafficking Area award for the second year in a row. A human trafficking symposium will be held on Wednesday, September 26, 2018, and is sponsored by Region I and the Panhandle Partnership. The cost will be $20.00 per person and more information will be available soon. City Clerk Tamera Leeling gave the third reading of Ordinance No. 445. This ordinance prohibits parking on the northwest side of Terry Boulevard (from Woodley Park Road/Canal to the dead end). Moved by Sherlock and seconded by Feil to approve Ordinance No. 445 which prohibits parking on the northwest side of Terry Boulevard (from Woodley Park Road/Canal to the dead end). Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. ORDINANCE NO. 445 AN ORDINANCE OF THE CITY OF TerryTOWN, NEBRASKA, relating to a no parking zone, violations and penalties: Be IT ORDAINED by the Mayor and City Council of the City of Terrytown:
2. This Ordinance shall not apply to law enforcement officers, firefighters, or city employees or agents in the performance of their duties. In addition, it shall not apply when stopping or parking is necessary to avoid conflict with other traffic or at the direction of a law enforcement officer or traffic control device. 3. Any person found violating any of the provisions of this Ordinance shall, upon conviction, be fined in any sum not more than $100.00, and shall pay the costs of prosecution. 4. This Ordinance shall take effect and be in force following its passage, approval, and publication as required by law. Passed and approved on June 7, 2018. Kent Greenwalt, Mayor Attest: Tamera Leeling, City Clerk (Seal) Page 6 Continued Anticipation Note Purchase Agreement City Administrator/Treasurer Lonnie Miller explained the agreement of Ameritas Investment Corp. Note Purchase Agreement regarding the issuance of water utility bond anticipation notes. These bonds will be in the amount not to exceed $690,000 and are for the purpose of paying for costs of constructing additions and improvements to the water utility during the duration of the project, as long-term financing will not kick in until the project is completed. The bonds specifically provide for a paying agent and registrar of the notes. The City agrees to issue bonds to pay the notes and accrued interest at maturity (June 15, 2020) and to authorize the sale and delivery of the notes to the purchaser. Ordinance No. 446 that provided for the issuance of the water utility bond anticipation notes in the amount of not to exceed $690,000 was passed at the May 3, 2018, City Council meeting, however, the agreement of Ameritas Investment Corp. Note Purchase Agreement was not specifically on the agenda. Moved by Green and seconded by Perales to ratify the Ameritas Investment Corp. Note Purchase Agreement. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. Moved by Perales and seconded by Green to authorize the signing of the Water Utility Bond Anticipation Note Closing documents by the Mayor, City Administrator/Treasurer and City Clerk. Aye’s: Feil, Green, Perales and Sherlock. Nay’s: None. Motion approved. During the opportunity for Public Comment, Resident Mike Minzey reported that at the May 3, 2018, City Council meeting he noticed at least 45 discrepancies on the City’s website. Mr. Minzey provided Office Manager Tammy Leeling with a list of these discrepancies and was appreciative to have had the corrections made. Mr. Minzey also addressed the Council to inquire if the City was a member of West Nebraska Economic Development (WNED) and Twin Cities Development (TCD) and if so, had the membership been beneficial to the municipality. City Attorney Libby Stobel advised Mr. Minzey that the City is presently members of both, and finds both beneficial, in that WNED is trying to provide a unified sense of economic development across the Panhandle, in hopes of pooling resources to attract outside businesses, while TCD focuses on specific needs like housing, which is crucial to attracting development to the area. Mr. Minzey also inquired as to responsibility of erecting signs that are down due to accidents at the intersection of Stable Club Road and 10th Street and also at the intersection of Hazeldeane Drive and River Road. Utilities Supervisor Hugo Chairez advised that the City would remedy the situation. Resident Angel Bolten address the Council and advised that she recently contacted the Panhandle Humane Society regarding stray cats at her residence. Ms. Bolten was told that the Panhandle Humane Society did not patrol that section of Terrytown and could not assist her. Office Manager Tammy Leeling will contact the Panhandle Humane Society to rectify this situation. Mayor Greenwalt informed the Council concerning water leaks located within the Valley Hi Court in Bellevue that have not been addressed by the property owner. Board Member Jack Medearis of the Bellevue Sanitary and Improvement District #3 (SID #3) advised that he would investigate to determine if SID #3 could take action regarding this matter. 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, July 5, 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 Comments are closed.
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