Hay Springs City Council Minutes June 9, 2015

REGULAR MEETING

Mayor Richard McKay called the Regular Meeting of the Hay Springs City Council to order at 7:00 p.m. Council persons Luke Marcy, Jim Varvel, Marcella Hale and Keith Kearns were present. City Attorney Jamian Simmons was also present. It was noted that the Open Meetings Act is posted.

Varvel made motion, Kearns seconded to approve the minutes from the May 12, 2015 Regular Meeting. All voted aye. Motion carried.

Kearns made motion, Marcy seconded to approve the agenda for the June 9, 2015 meeting: All voted aye. Motion carried.

OLD/NEW BUSINESS

Pool Improvement Committee: Mike with Hewgley Associates is working on plans for the new chlorinator. Kolten Marx reported that the pool has been painted and a tentative opening date of June 19, 2015.

Special Designated Liquor License: Varvel made motion, Marcy seconded to approve an SDL for the Silver Dollar for Friendly Festival on August 28 & 29, 2015. All voted aye. Motion carried.

Special Designated Liquor License: Varvel made motion, Hale seconded to approve an SDL for the Galyen wedding on September 12, 2015. All voted aye. Motion carried.

Animal Complaint: It was determined through a phone picture that the dog in question was not one from the 110 N. Gibson address. It could be possibly be a dog at 104 N. Gibson. 

Public concerns: Kolten Marx advised the Council that in order to give swimming lessons, the City needs to become Red Cross Certified. Consensus of the Council is to go ahead and obtain the certification. 

Department reports were heard: George – Streets: Mowed; Got cemetery ready for Memorial Day; Alley in the second block between Baker and Miller Streets is junk after the last rain. It washed badly and George has closed access to it; Two funerals; Called Rushville to spray for mosquitoes and Co-op is trying to get more donut pucks to place in open water; Aaron - Water: Mowed for Memorial Day; Sent letter for water violation, which happened because the post office didn’t get the sample to Lincoln on time; Lagoons are in bad shape and about 1’ from overflowing because haven’t been able to get into upper pond because property owner has it locked up; Should be getting approval for Chlorinator; Hydro pump went out on Woods mower – replaced; There are two water leaks in town that need repaired, but have to pass the ordinance to make property owner make repairs; Cleaned a couple problem sewers; Planted new trees; Lesa – Daily posting and deposits; Allocation of funds as needed; Sales tax; Minutes; Bills sent; Shut-off Notices; Jim Varvel – Nursing Home: Nothing to report; Jim Varvel – Finance Committee: No discrepancies; Luke Marcy – SWANN: Chipping will be done; Keith Kearns – Lister-Sage: a raffle fundraiser will begin late summer; Richard McKay – Mayor: Pushing pool people to get pool opened, rain has hampered process of getting the pool prepared; Thanks to City workers for working on sewer break caused by NPPD.

OLD BUSINESS

Animal Control Officer Bid/Cooperative Agreement: The Council reviewed the proposed Interlocal Agreement and made a change to item #6. Kearns made motion, Varvel seconded to approve the Interlocal Agreement with amendment to item #6 to pay Rushville $12.50/animal/day. All voted aye. Motion carried. 

PADD Update: Jim reported that our grant was approved.

Youth Activity Board: No action. 

Lagoons: The liner is under water and more edges are sloughing off. Not sure what can be done legally to get onto property where pivot is as both entrances have been locked. Jami will send a letter. 

City Boards: Lesa explained information she obtained. Jim suggested a Save our Swimming pool member be appointed on the Swimming Pool Board

Backflow Device: Nothing to report. Letters were sent to businesses that need testing. The testing device would cost approximately $900.00. There was discussion on purchasing in the next budget year. Aaron will get information for Council questions. 

Water Token Machine: Item tabled.

Water Service Repair Ordinance: Kearns made motion, Varvel seconded to approve Ordinance #15-01: CITY OF HAY SPRINGS, NEBRASKA ORDINANCE NO. 15-01. AN ORDINANCE OF THE CITY OF HAY SPRINGS, NEBRASKA, AMENDING ORDINANCE NO. 6-207: MAINTENANCE AND REPAIRS, TO AMEND RESPONSIBILITIES OF CITY AND CUSTOMER FOR MAINTENANCE AND REPAIRS OF WATER SERVICE AND METERS; TO PROVIDE SPECIFIED PERIOD FOR REPAIRS; AND AN EFFECTIVE DATE. BE IT HEREBY ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF HAY SPRINGS, NEBRASKA: Section 1. That Chapter 6, Article 2, Section 207 of the Municipal Code of Hay Springs, Nebraska be amended to read as follows: Section 6-207: Maintenance and Repairs. Repairs to the service pipe located between the curb stop and place of disbursement shall be made by, and at the expense of, the customer. Water leakage discovered at any point along the service pipe between the curb stop and place of disbursement shall constitute a need for repair pursuant to the terms of this Ordinance. All necessary repairs shall be made within forty-five days from the date customer receives notice of the need for repair. A customer with actual knowledge of a water leak or other need for repair shall be deemed to have notice as required by the provision. In the event the City uncovers the need for repairs to be made by a customer, the City shall provide written notice to the customer of the type of problem or need for repairs uncovered by City. In the event customer fails to provide necessary repairs within forty-five days, the City may, upon three days written notice to customer, enter upon the property and make necessary repairs. Costs of any repairs made by the City pursuant to this provision shall be billable to the customer in the same manner as water rent is collected. All repairs, other than those to the service pipe between the curb stop and place of disbursement, shall be the responsibility of the City Water Department. All water meters shall be kept in repair by the City at the expense of the City. When meters are worn out, they shall be replaced and reset by the Water Commissioner at the expense of the City; provided, that if the customer permits or allows a water meter to be damaged, injured or destroyed through his/her own recklessness, carelessness or neglect so that the meter must be repaired or replaced, the Water Commissioner shall bill and collect from the customer the cost of such meter repair or replacement in the same manner as water rent is collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligent on the part of the customer. All meters shall be tested at the customer’s request, at the expense of the customer any reasonable number of times; provided that if the test shows the water meter to be running 2% or more fast, the expense of such test shall be borne by the City. The City reserves the right to test ay water service meter at any time and if said meter is found to be beyond repair, the City shall always have the right to place a new meter on customer’s water service fixtures at City expense. Should a customer’s meter fail to register properly, the customer shall be charged for water during the time the meter is out of repair on the basis of the quarterly consumption during the same quarter of the preceding year; provided that if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably affixed by the Water Commissioner. (REF.NEB.REV.STAT. ss17-542). Section 2. This Ordinance shall take effect and be in full force from and after its passage, approval, publication or posting as required by law. PASSED AND APPROVED AND ORDERED PUBLISHED THIS 9TH DAY OF JUNE, 2015. 

Animal Complaint: Samantha Kearns and Hannah and Jennifer Wohl addressed the Council again regarding the dog the chased the girls. They have a positive ID of the dog. Keith Kearns will visit with the dog owner. 

NEW BUSINESS

Varvel made motion, Kearns seconded to approve claims as presented. All voted aye. Motion carried. 

American Funds $223.20; Arnold Pool $2348.96; Barb McCartney $440.00; Blue Cross Blue Shield $1721.90; Bluff’s $1174.42; Bomgaars $17.95; Chadron Ace $220.05; DHHS $80.00; EFTPS $1057.61; EMC Insurance $2835.11; Farmer’s Coop $56.58; Great Plains Communications $552.85; Hay Springs Lumber $460.56; Hip Hop $58.00; Ideal $29.75; J&L Grocery $37.06; Lawson $570.95; MARC $211.52; MCI $61.03; Michael Todd $754.62; NDEQ $19856.54; NDOR $954.87; Ne Pub Health $157.00; Nebraska Total Office $49.56; Norms Napa $334.53; NWRPPD $104.12; NWCA $229.00; Northwestern Heating $2730.00; NPPD $3161.78; One Call $5.15; Pests Go $100.00; Petty Cash $29.49; Postmaster $252.59; Sackers $438.68; Sandberg Implement $403.91; Sandhills News $37.92; Security First Ins. $110.00; Smith, King and Simmons $247.50; SourceGas $690.52; Toof’s Diesel $342.30; SWANN $6956.57; Utility Service Co. $676.83; WestCo $59.33.

Varvel made motion, Marcy seconded to approve May Treasurers Report. All voted aye. Motion carried.

Kearns made motion, Varvel seconded to approve the League of Nebraska Municipalities Utilities Section Membership. All voted aye. Motion carried.

Speed Limit signs: Residents at Sunset Housing are requesting speed limit signs on N. 3rd due to fast moving traffic. The consensus of the Council it to put signs up. 

Youth Activity Funds Request: A youth football team is being organized and is in need of equipment and uniforms. The Youth Activity Board is requesting a donation. Hale made motion, Kearns seconded to contribute $750 from the Youth Activity Fund for uniforms/equipment. All voted aye. Motion carried. 

Ron Hanks’ Well: Sargent conducted a well pump test. Pumping results were presented to the Council. There was discussion on purchasing, survey, cost of testing, and engineering. Kearns made motion, Marcy seconded to have Jami draw up a Purchase Agreement contingent on a survey to be done at the earliest convenience of the surveyor. All voted aye. Motion carried. 

Pioneer Manor Claim: There was discussion on the City’s responsibility. The City does not need to do anything for six months. Pioneer Manor bears the responsibility. 

Kearns made motion, Varvel seconded to enter into executive session at 8:43 p.m. to protect reputations of those involved. All voted aye. Motion carried.

Kearns made motion, Hale seconded to exit executive session at 8:57 p.m. p.m. All voted aye. Motion carried.

Items for next meeting were discussed.

There was discussion regarding the property valuation change at the airport. 

There being no further business, Varvel made motion, Kearns seconded to adjourn at 9:04 p.m. All voted aye. Motion carried 

Richard E. McKay

Mayor

Lesa M. Merrill

City Clerk/Treas.

Published: June 17, 2015