Gordon City Council Minutes February 14, 2013

Notice of the meeting was given in advance by publication in the Sheridan County Journal Star, the designated method for giving notice as shown by affidavit of publication on file in the City Clerk’s office.  Agendas of the meeting were simultaneously given to the Mayor and all members of the Council.  All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.

A meeting of the City Council of the City of Gordon was called to order by Mayor Russell at 6:00 p.m., February 14, 2013 in the Council Chambers of the City Auditorium.  She noted the location of the Open Meetings Laws in the back of the room.

Present: Morgan, Russell, Grant, Bounous, and Evans.

Absent: No one. 

Motion by Evans, seconded by Bounous, to approve the minutes from the December 19, 2012 special meeting. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

Motion by Bounous, seconded by Grant to approve the minutes of the previous meeting.  Ayes:  Grant, Bounous, Evans, Morgan, and Russell.

Motion by Bounous, seconded by Morgan to approve the January’s treasurer’s report.  Ayes:  Bounous, Evans, Morgan, Russell, and Grant.

Motion by Morgan, seconded by Bounous to approve the bills.  Ayes:  Evans, Morgan, Russell, Grant, and Bounous.

Abbreviations for this legal:  EX, expense; FE, fee; GR, groceries; MI, mileage; RE, Reimburse; RPT, report; SA, salaries; SE, services; SU, supplies.

PAID BILLS: CYP366, Grocery Mart, SU, $85.41; RS1068, Jones & Bartlett, SU, $1,948.55; RS1069, Zoll, SU, $28,305.04; EFTPS, FNBO, FE, $43.15; 40084, Verizon, SE, $127.37; 40085, Viaero, SE, $131.52; 40148, Payroll Fund, SA, $26,694.35; 40149, Airport Authority, RE, $136.71; 40150, Airport Bond Savings, RE, $126.78; 40151, Arthritis Today, SU, $12.95; EFTPS, JP Morgan Chase, EX, $15,020.00; EFTPS, JP Morgan Chase, EX, $3,492.50; 40152, Cosmopolitan, SU, $17.97; 40153, Cowboys & Indians, SU, $29.95; 40154, Country Living, SU, $21.97; 40155, Fitness, SU, $9.99; 40156, Health, SU, $15.97; 40157, Ingram, SU, $25.67; 40158, Library Petty Cash, RE, $47.55; 40159, Motorcyclist, SU, $14.97; 40160, MicroMarketing, SU, $269.33; 40161, NWRPPD, SE, $2,745.28; 40162, Outdoor Life, SU, $9.97; 40163, One-Call Concepts, SE, $3.70; 40164, Real Simple, SU, $20.00; 40165, Seventeen, SU, $14.97; 40166, Special Assessment BF, RE, $310.38; 40167, Sandhills Abstracting, SE, $50.00; 40168, Viaero, SE, $63.64; EFTPS, NE Dept of Revenue, RE, $1,972.74; 40169, USPS, SE, $178.36; 40170, Sheridan County Clerk, FE, $20.00; 40171, BC/BS, EX, $8,279.36; 40172, Viaero, SE, $82.14; 40173, Payroll Fund, SA, $20,878.50. Total February Paid Bills: $111,206.74.

UNPAID BILLS: 40201, Chris Anderson, RE, $50.00; 40202, American Water Works Assoc, FE, $295.00; 40203, Adamson Industries, SU, $494.80; 40204, Burton Body Shop, SE, $110.00; 40205, Dan Bishop, RE, $50.00; 40206, Bound Tree, SU, $159.27; 40207, Business Connection, SU, $15.34; 40208, Jeff Brewer, RE, $50.00; 40209, City of Chadron, SE, $45.00; 40210, Customized Billing, SE, $450.00; 40211, Gordon Chamber, FE, $275.00; 40212, Classic Stitch, SE, $169.99; 40213, Scott Downing, RE, $50.00; 40214, Emergency Medical Products, SU, $396.13; 40215, First National Bank of Omaha, SU, $359.17; 40216, JD Financial, SU, $1,068.05; 40217, Farmer’s Coop, SU, $43.50; 40218, Fyr-Tek, SU, $135.75; 40219, Fleet Services, SU, $879.46; 40220, First Wireless, SU, $988.50; 40221, GMC of Chadron, SE, $213.97; 40222, Great Plains Communications, SE, $1,176.58; 40223, Grocery Mart, SU, $36.48; 40224, Hinns Auto Supply, SU, $694.07; 40225, Homestead Building Supply, SU, $43.18; 40226, Hawkins, SU, $103.00; 40227, John Krotz, SE, $325.00; 40228, Husker Auto Parts, SU, $104.67; 40229, HD Waterworks, SU, $2,159.52; 40230, Clay Heath, RE, $50.00; 40231, Insurance Fund, EX, $8,941.67; 40232, Image Trend, SE, $250.00; 40233, Inland Truck, SU, $908.33; 40234, Ideal Linen, SE, $193.77; 40235, Jay’s Tire, SE, $30.00; 40236, Kustom Rock, SU, $475.00; 40237, Kone, SE, $626.88; 40238, FALCO, SE, $575.00; 40239, Midwest Radar & Equip, SE, $120.00; 40240, Mid-American Benefits, EX, $105.00; 40241, Mid States Org Crime Info Center, FE, $100.00; 40242, Mike Morgan, RE, $50.00; 40243, NPPD, SE, $7,600.93; 40244, NE Total Office, SU, $47.25; 40245, Newman, SU, $750.61; 40246, Otte Feeds, SU, $52.00; 40247, Omaha World Herald, SU, $67.21; 40248, Public Safety Center, SU, $291.55; 40249, Jean Parker, RE, $200.00; 40250, Shane Pascale, RE, $50.00; 40251, Quill, SU, $180.72; 40252, John E Reid & Assoc, SE, $420.00; 40253, Respond 1st Aid, SU, $90.90; 40254, Source Gas, SE, $2,605.60; 40255, Share Corp, SU, $288.80; 40256, Stanley, SU, $203.24; 40257, Sheridan Co Treasurer, EX, $657.18; 40258, NE Public Health Env Lab, SE, $45.00; 40259, Sides and Milburn, SE, $13.60; 40260, Sheridan County Journal Star, SE, $411.29; 40261, Smith, King, & Simmons, SE, $200.00; 40262, Sasse Vet Clinic, SE, $20.00; 40263, S&L Gas, SU, $1,588.65; 40264, Michael Todd, SU, $143.11; 40265, True Value, SU, $321.04; 40266, Verizon, SE, $127.13; 40267, USA Blue Book, SU, $18.39; 40268, Ken Ward, RE, $50.00; 40269, Westco, SU, $1,649.69; 40270, Water Reserve USDA, EX, $1,600.00; 40271, Wreck-A-Mended, SE, $132.93; 40272, Work Place Pro, SU, $292.50; 40273, Water System Impr Project, EX, $15,800.00; 40274, Williams Equipment, SU, $250.48; 40275, Barb Winter, SE, $69.00; 40276, Xerox, EX, $480.83. Total February Unpaid Bills: $60,086.71. Total February Paid Bills: $111,206.74. Total February Bills: $171,293.45.

Leah Bilfulco and Jesse Vrooman from Casey Peterson & Associates of Rapid City presented to council the audit report for the 2011-2012 fiscal year. Leah Bilfulco stated to council that there were no problems or non-compliance issues to report. She felt that management was well aware of the fiscal challenges facing government entities, and that they had been taking the necessary steps to safe guard the city’s fiscal health. Overall, the city is in good health and is improving. Motion by Morgan, seconded by Grant to accept the 2011-2012 fiscal year audit report. Ayes: Bounous, Evans, Morgan, Russell, and Grant.

Council received a request from Joan Yekel, Certified Compulsive Gambling Counselor with CrossRoads Resources, to declare March 2013 Gambling Awareness Month. In her letter, Joan stated that this proclamation will help to make problem gamblers and their families aware that there are services to help them overcome their gambling problem. Motion by Bounous, seconded by Morgan to allow Mayor Russell to sign the Gambling Awareness Month Proclamation. Ayes: Grant, Bounous, Evans, Morgan, and Russell.

Gambling Awareness Month

Whereas, our community is home to individuals and families adversely affected by problem gambling; and

Whereas, compulsive gambling is often hidden from family members, social services and mental health professionals; and

Whereas, compulsive gambling often occurs in combination with other disorders such as chemical dependency and depression; and

Whereas, it is important to raise awareness of the warning signs of compulsive gamblers and connect them with professionals help,

Now, therefore, I, Nancy I. Russell, Mayor of Gordon, Nebraska do hereby proclaim March 2013 as Gambling Awareness Month and urge citizens to learn more about the consequences of gambling.

City Manager Fred Hlava explained to council that recently several court cases have been thrown out due to a conflicts in statutory wording with our current Inter-local government agreement with the Sheridan County Sheriff’s Office. State Statute requires that there is an expiration date within the agreement. The adoption of Resolution 2013-04 makes the needed changes that addresses the problem language and complies with current state statute. Motion by Morgan, seconded by Bounous to pass Resolution 2013-04. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

RESOLUTION 2013-04

APPROVAL INTERLOCAL LAW ENFORCEMENT AGREEMENT FEBRUARY 14, 2013.

WHEREAS, the City of Gordon, Nebraska is located within the geographical area of the territorial limits of Sheridan County, Nebraska;

WHEREAS, the City of Gordon, Nebraska and Sheridan County, Nebraska wish to make and enter into an Interlocal Agreement between City law enforcement and County law enforcement for the purpose of clarifying and further providing for a law enforcement jurisdiction of police officers employed by the City of Gordon, to allow such officers to provide law enforcement services outside their primary jurisdiction at the request or upon the approval of the Sheridan County Sheriff, or one of his deputies,

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Gordon, Nebraska does hereby approve the Interlocal Agreement between the City of Gordon, Nebraska and Sheridan County, Nebraska, conferring law enforcement jurisdiction for police officers employed by the City to perform law enforcement services outside their primary jurisdiction upon the request and approval of the Sheridan County Sheriff, and that the City Manager for the City of Gordon, Nebraska is granted permission and full authority to execute the Interlocal Agreement conferring law enforcement jurisdiction onto police officers employed by the City of Gordon, Nebraska. 

DATED this 14th day of February, 2013.

PASSED, APPROVED AND ORDERED this 14th day of February, 2013.

CITY OF GORDON

/s/ Nancy I Russell

MAYOR

ATTEST:

/s/ Kim Buchan

CITY CLERK

Resolution 2013-02 – Ambulance Service Rates – was tabled until the March council meeting.

City Manager Fred Hlava discussed with council the recent project that was completed with Baker and Associates. They have been working on a GPS schematic that would allow Fireman and EMT’s to locate an address thru GPS coordinates. This has become necessary as a lot of our current volunteers are not from the area originally and are not as familiar with the rural areas as volunteers that were born and raised here. It will be an ongoing project as property owners change and updates need to be made. Fred Hlava told council that he felt it will be an invaluable tool and that it will possibly save lives and property in the future.

State Senator Russ Karpisek of Wilber has introduced a new bill that would make the sale and use of floating lanterns in Nebraska illegal. Clint Nielsen, who sells fireworks locally, was present to voice his resistance to this bill. He explained to council that they are made of fire retardant paper and are designed to be cool by the time they come back to the ground. He also stated that they are not considered “fireworks” as they contain no gunpowder. Proponents of the bill feel that they are an unnecessary fire hazards, especially given the dry conditions of our state in recent years. No action was taken by council on this topic.

City Manager Fred Hlava has been working with Gordon Memorial Hospital Administrator Jim Lebrun to find a Health Care Representative for the City of Gordon Board of Health. Motion by Evans, seconded by Morgan, to appoint the Gordon Memorial Hospital Administrator and his/her designee to the Board of Health. Ayes: Morgan, Russell, Grant, Bounous, and Evans.

SWANN is working with Ameritas to reissue their outstanding bonds for the purpose of decreasing the interest rate. This will save SWANN a tremendous amount of money over the life of the bonds. Being a member of SWANN, the City of Gordon must amend their service agreement with SWANN. Motion by Evans, seconded by Bounous, to pass Resolution 2013-03. Ayes: Russell, Grant, Bounous, Evans, and Morgan.

Resolution 2013-03

A RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO THE SERVICE AGREEMENT BETWEEN THE CITY OF GORDON, IN THE STATE OF NEBRASKA, AND THE SOLID WASTE AGENCY OF NORTHWEST NEBRASKA; AUTHORIZING THE EXECUTION OF SUCH AMENDMENT TO SERVICE AGREEMENT BY THE OFFICERS OF THE CITY; APPROVING THE ISSUANCE OF REFUNDING BONDS BY SAID AGENCY AND RATIFYING AND CONFIRMING ALL PRIOR ACTIONS TAKEN BY THE CITY WITH RESPECT TO SUCH AGENCY.

BE IT RESOLVED by the Mayor (the “Presiding Officer”) and Council (the “Governing Body”) of the City of Gordon, in the State of Nebraska (the “Agency Member”), as follows:

Section 1. The Presiding Officer and Governing Body hereby find and determine that the Agency Member is a party to that Service Agreement dated as of July 11, 1995, (the “Service Agreement”) by and among the Agency Member and the Solid Waste Agency of Northwest Nebraska (the “Agency”); that in connection with the issuance of the Bonds described below it is necessary and advisable for the Agency Member to enter into an Amendment to Service Agreement (the “Amendment”); that a proposed form of Amendment for such purpose has been prepared and submitted for approval by the Presiding Officer and Governing Body; and that it its necessary and advisable that said Amendment be approved and its execution authorized.

Section 2. The Presiding Officer is hereby authorized to execute the Amendment for and on behalf of the Agency Member in substantially the form presented but with such changes as such officer shall deem appropriate by such Presiding Officer for and on behalf of the Agency Member.

Section 3. The Agency Member hereby approves the issuance by the Agency of its Solid Waste Disposal Facilities Revenue Refunding Bonds, Series 2013 (the “Bonds”) in one or more series in the aggregate principal amount of not to exceed $825,000 for the purpose of refunding the Agency’s outstanding Solid Waste Disposal Facilities Revenue Bond, Series 1995, dated July 11, 1995 (the “1995 Bond”), which 1995 Bond was issued in the original principal amount of  $2,596,000 for the purpose of constructing and acquiring solid waste disposal facilities and system to serve the Agency Member and the other members of the Agency, and of which $783,118 in principal amount remains outstanding as of the date hereof.

Section 4. The Governing Body hereby states that it is the intention of the Agency Member that the interest on such Bonds shall be excludable from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and the Governing Body hereby authorizes the Presiding Officer and each member of the Governing Body to take any and all actions necessary or appropriate to carry out said intention and for the obtaining of such interest exclusion. Designation of said Bonds by the Agency as “qualified tax-exempt obligations” under Section 265(b)(3)(B)(i)(III) of the Code by and for the Agency Member and the Agency  is hereby authorized and confirmed and the Agency Member hereby covenants and warrants that it does not anticipate issuance directly by it or on its behalf of tax-exempt bonds or other tax-exempt interest bearing obligations in an amount in excess of $5,000,000 in calendar 2013. The Agency is hereby determined to be a subordinate entity issuing bonds on behalf of the Agency Member within the meaning of Section 148(f)(4)(D)(iv) of the Code and the City hereby irrevocably allocates $825,000 in principal amount of bonds for the calendar year 2013 to the Agency pursuant to said Section 148(f)(4)(D)(iv) and determines that the Agency Member will receive substantial benefits from the issuance of said Bonds. It is understood that said Bonds shall constitute an obligation of the Agency payable only from the sources specified in the authorizing resolution of the Agency.

Section 5. All prior actions taken by the Agency Member with respect to the Agency, membership of the Agency Member therein and said prior Service Agreement (including any and all obligations to levy and collect taxes to make payments under the Service Agreement, as and to the extent applicable) are hereby ratified and confirmed in all respects, and the Presiding Officer and other officers of the Agency Member, or any one of them, are hereby authorized to execute and deliver for and on behalf of the Agency Member any and all certifications and agreements requested by said Agency relating to said Amendment as authorized by this resolution.

Section 6. This resolution shall be in force and take effect from and after its adoption as provided by law.

PASSED AND APPROVED this 14th day of February, 2013.

ATTEST:

/s/ Kim Buchan

City Clerk

A public hearing was held on the one and six year street improvement plan.  The hearing was turned over to the hearing officer, Fred Hlava.  There were no comments oral or written presented at the hearing or comments from the general public.  The meeting was turned back over to the Mayor.  Motion by Morgan, seconded by Grant to approve Resolution 2013-05.

RESOLUTION 2013-05

A RESOLUTION ACCEPTING THE 2013 ONE AND SIX YEAR STREET IMPROVEMENT PLAN.

WHEREAS, the City Council of the City of Gordon has reviewed the One and Six Year Plan for Highway, Road and Street Improvements, and

WHEREAS, a public hearing to receive citizen input was held at 6:00 p.m. on February 14, 2013 in the City Council Chambers of the City Auditorium.

NOW, THEREFORE, BE IT RESOLVED that the City Council has determined the need for a continued street maintenance program in the next year.

Passed and approved this 14th   day of February, 2013.                  

/s/ Nancy I Russell

Mayor

City Manager Fred Hlava briefly reviewed with council Governor Heineman’s plan to eliminate the state income tax and do away with most sales tax exemptions. Many states that have done this have seen an improvement in their fiscal health.

Council was given several FYI items including Economic Development information, SWANN memo to all elected officials, the PACE financial report, January police statistics, Ash tree pests, and the Cost of Going Green.

Motion by Bounous, seconded by Morgan to go into executive session at 7:00 to discuss real estate negotiations.  Ayes: Bounous, Evans, Morgan, Russell, and Grant.

The Council reconvened in regular session at 7:30.  With no action taken, motion Evans, seconded by Grant to adjourn.  Ayes: Evans, Morgan, Russell, Grant, and Bounous.

/s/ Kim Buchan

City Clerk

/s/ Nancy I Russell

Mayor

I, the undersigned, City Clerk for the City of Gordon, Nebraska hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council on February 14, 2013; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting kept continuously current and available for inspection at the office of the City Clerk;  that such subjects were contained in said minutes of the Mayor and Council of the City of Gordon from which the foregoing proceedings were written from and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification of the time and place of said meeting and the subjects to be discussed at said meeting.

/s/ Kim Buchan

City Clerk

Published: February 20, 2013