Gordon City Council Minutes July 12, 2012

Notice of the meeting was given to advance by publication in the Sheridan County Journal Star, the designated method for giving notice as shown by the 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 at 6:00 p.m., July 12, 2012 in the Council Chambers of the City Auditorium.  The  Vice-Mayor noted the location of the Open Meetings Laws poster in the back of the room.
Present: Morgan, Shetler, Evans, and Bounous. Absent:  Russell.
Motion by Morgan, seconded by Evans to approve the minutes of the previous meeting.  Ayes: Shetler, Bounous, Evans, and Morgan.
The June Treasurer’s Report was not available.
Motion by Bounous, seconded by Morgan to approve the bills.  Ayes: Bounous, Evans, Morgan, and Shetler.
Abbreviations for the legal:  EX, Expense; FE, Fee; GR, Groceries; MI, Mileage; RE, Reimbursement; RPT, Report; SA, Salaries; SE, Services; SU, Supplies.
PAID BILLS: CYP355, Payroll Fund, SA, $134.56; CYP356, Grocery Mart, SU, $236.88; CYP357, Mitch Gallant, SE, $50.00; RS1052, Shawn Baumgartner, SE, $216.00; RS1053, Rob Menacher, SU, $50.00; 39247, Sheridan County Clerk, FE, $6.00; EFTPS, FNBO, FE, $42.55; 39341, Companion Corp, SE, $899.00; 39342, Customized Billing, SE, $225.00; 39343, Ingram, SU, $797.26; 39344, Ladie’s Home Journal, SU, $14.97; 39345, Library Petty Cash, RE, $49.53; 39346, Oriental Trading, SU, $56.49; 39347, Panhandle Library System, SE, $199.00; 39348, Source Gas, SE, $25.68; 39349, Sheridan County Clerk, FE, $10.50; 39350, Sports Illustrated, SU, $89.04; 39351, Viaero, SE, $249.55; 39352, Upstart, SU, $104.55; 39353, Rich Haller, RE, $141.64; 39354, NWRPPD, SE, $4,533.80; 39355, Perpetual Care Fund, RE, $150.00; 39356, SWANN, RE, $110.60; 39357, NEALEI, FE, $20.00; EFTPS, NE Dept of Revenue, RE, $1,917.04; 39358, USPS, SU, $135.00; 39359, Payroll Fund, SA, $36,049.62; 39360, Office of Emergency Med Serv, FE, $12.00; 39361, Sam’s Club, SU, $783.28; 39362, Paul Martin, RE, $320.00; 39363, Source Gas, SE, $1,424.40; 39364, Sheridan County Clerk, FE, $10.50; 39365, Skateboard Park Project, EX, $25.00; 39366, Viaero, SE, $136.68; 39367, City of Gordon, RE, $163.33; 39368, Paulette Burkhardt, RE, $29.89; 39369, Delores Haller, RE, $2.88; 39370, Steph Rucker, RE, $3.90; 39371, Krista Brusseau, RE, $40.00; 39372, DD Wells, RE, $40.00; 39373, USPS, SE, $181.08; 39374 Italian Inn, RE, $19.17; 39375, Alex Torress, SE, $60.00; 39376, Justin Meeks, RE, $100.00; 39377, Leonard Haller, RE, $100.00; 39378, Meller Repair, SE, $192.50; 39379, Neil Skinner, RE, $100.00; 39380, Perpetual Care Fund, RE, $150.00; 39381, Rich Haller, RE, $100.00; 39382, Verizon, SE, $134.95; 39383, Wayne Krotz, SU, $2,500.00; 39384, Payroll Fund, SA, $31,412.98; 39385, B&B Auto Salvage, SU, $1,758.00; 39386, Jim Irwin, SE, $532.30; 39387, Perpetual Care Fund, RE, $350.00; 39388, Sheridan County Clerk, FE, $21.00. Total July Paid Bills: $87,218.10.
UNPAID BILLS: 39390, Chris Anderson, RE, $50.00; 39391, QLT, SE, $19.55; 39392, Avaya, SE, $166.75; 39393, Alamar, SU, $32.00; 39394, Alco, SU, $35.04; 39395, The Arrow Hotel, SE, $78.66; 39396, Baker & Associates, SE, $1,457.00; 39397, Dan Bishop, RE, $50.00; 39398, Bound Tree Medical, SU, $252.10; 39399, Bauerkempers, SE, $297.80; 39400, The Business Connection, SU, $9.98; 39401, Jeff Brewer, RE, $50.00; 39402, Melvin Bowles, SE, $120.00; 39403, City of Chadron, EX, $45.00; 39404, Customized Billing, SE, $330.00; 39405, Enviro Service, Inc, SE, $30.00; 39406, First National Bank of Omaha, SU, $1,301.82; 39407, JD Financial, SU, $549.30; 39408, Chuck Fadness, RE, $82.75; 39409, Farmer’s Coop, SU, $553.41; 39410, Fleet Services, SU, $2,480.79; 39411, First Wireless, SE, $51.00; 39412, Great Plains One-Call, SE, $31.40; 39413, GMHS, SU, $52.80; 39414, Greg’s Electric, SE, $91.15; 39415, Great Plains Communications, SE, $1,154.19; 39416, Galls, SU, $98.17; 39417, Grocery Mart, SU, $1.29; 39418, The Glass Wizard, SE, $65.00; 39419, Hinn’s Auto Supply, SU, $44.27; 39420, Homestead Building Supply, SU, $74.00; 39421, Hill’s Materials Co, SU, $215.14; 39422, Hawkins, SU, $792.10; 39423, Darren Huff, RE, $50.00; 39424, Husker Auto Parts, SU, $72.02; 39425, HD Waterworks, SU, $2,031.18; 39426, Clay Heath, RE, $50.00; 39427, Harvey’s, SU, $16.58; 39428, Insurance Fund, EX, $8,208.33; 39429, Ideal Linen Supply, SE, $109.36; 39430, Jay’s Tire & Lube, SE, $15.00; 39431, Kelly Construction, SU, $383.61; 39432, Kustom Rock, SU, $270.00; 39433, LA Signs, SU, $615.25; 39434, FALCO, SE, $565.00; 39435, Lew’s Fireworks, SU, $4,000.00; 39436, Layne Christensen Co, SE, $13,609.52; 39437, Jerry Larson, RE, $27.31; 39438, Mid-American Benefits, EX, $112.50; 39439, Med-Tech , SU, $889.52; 39440, Mike Morgan, RE, $50.00; 39441, Municipal Code Services, SE, $75.00; 39442, NPPD, SE, $9,785.82; 39443, NE Total Office, SU, $206.87; 39444, NW Pipe Fittings, SU, $1,601.56; 39445, NE Wisconsin Technical College, SE, $175.00; 39446, NSVFA, FE, $775.00; 39447, Omaha World Herald, SU, $65.78; 39448, Petty Cash Fund, RE, $470.02; 39449, PADD, FE, $1,249.45; 39450, Jean Parker, SE, $25.00; 39451, Shane Pascale, RE, $50.00; 39452, PC Furniture Store, SU, $579.99; 39453, Panasonic, SU, $2,315.40; 39454, NE Public Health Env Lab, SE, $67.00; 39455, Scott’s Manufacturing, SU, $104.28; 39456, Sides & Milburn, SE, $88.25; 39457, Superfoods, SU, $36.11; 39458, Stockmens Drug, SU, $14.12; 39459, Sheridan County Journal Star, SE, $239.85; 39460, Sheridan County Journal Star, SU, $64.00; 39461, Smith, King, & Simmons, SE, $425.00; 39462, Sasse Vet Clinic, RE, $20.00; 39463, Star Herald, SU, $146.00; 39464, S & L Gas, SU, $2,487.88; 39465, Sidney Regional, SE, $150.00; 39466, Michael Todd Co, SU, $257.90; 39467, True Value, SU, $1,701.70; 39468, US Welding Inc, SU, $20.55; 39469, Ken Ward, RE, $50.00; 39470, Westco, SU, $1,233.63; 39471, Water Reserve USDA, RE, $1,600.00; 39472, Phil Wineinger, RE, $36.49; 39473, Water System Impr Project, RE, $15,800.00; 39474, Xerox, SE, $576.83. Total July Unpaid Bills: $84,232.12. Total July Paid Bills: $87,218.10. Total July Bills: $171,450.22.
Review of the Lagoon Irrigation agreements was postponed until the August meeting.
Jessica Paul and Debra Kromis have applied to become members of the Gordon Volunteer Rescue Squad. Motion by Evans, seconded by Morgan, to approve both of these applicants and to thank them for their willingness to serve the community. Ayes: Evans, Morgan, Shetler, and Bounous.
Pastor Jack Abbott has agreed to fill the vacant seat on the Housing Authority. Motion by Morgan, seconded by Evans, to appoint Jack Abbott to the Housing Authority Board. Ayes: Morgan, Shetler, Bounous, and Evans.
Pam Hare, owner of the Italian Inn, is requesting a Special Designated Liquor License for August 4, 2012 from 6:00 pm to 12:00am, for  a street dance. Motion by Bounous, seconded by Morgan, to approve this request with the condition that Pam Hare have her security people wear a bright colored vest in order to be recognized, and that Chief Jeff Brewer is provided with the names of her security people. Ayes: Shetler, Bounous, Evans, and Morgan. Chief Brewer will make contact with Pam Hare in order to facilitate this request.
Marika Halverson, Gordon Swimming Pool Manager, was present to be recognized for her achievement of 20 years employment with the City of Gordon. Vice-Mayor Shetler presented her with this award, and thanked her for her years of dedication.
Motion by Evans, seconded by Bounous to approve Resolution 2012-05, designating the G/R High School Homecoming Parade Route. Ayes: Bounous, Evans, Morgan, and Shetler.
RESOLUTION NO. 2012-05
COUNCIL MEMBER EVANS INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Gordon intends to create a parade route from 1ST Street and Main Street to 3rd  Street and Main Street, for the Gordon/Rushville High School Homecoming Parade, September 21, 2012, from 1:00 pm to 3:00 pm.
WHEREAS, closure of roadways along the parade route is necessary to relieve the through traffic from the area in the City of Gordon, Nebraska on or near the parade route, and to provide a safe event for participation and spectators, and;
WHEREAS, the Main Street (Nebraska Highway 27) roadway from 1st Street to 3rd  Street is part of the state highway system and is located within the official corporate limits or zoning jurisdiction of the City of Gordon, and;
WHEREAS, the City of Gordon, while making use of the state highway system for a special event, shall have the legal duty to protect the highway property from any damage that may occur arising out of the special event and the state shall not have any such duty during the time the City of Gordon is in control of the property as specified in the notice provided pursuant to LB 589/N.R.S §39-1359, and;
WHEREAS, any existing statutory or common law duty of the state to protect the public from damage, injury, or death shall become the duty of the City of Gordon while making use of the state highway system for a special event and the state shall not have any such statutory or common law duty during the time the City of Gordon is in control of the property as specified in the notice provided pursuant to LB 589/N.R.S §39-1359, and;
WHEREAS, pursuant to LB 589/N.R.S §39-1359, thirty (30) days advance written notice of the special event must be provided to the Nebraska Department of Roads which specifies the date and time City of Gordon will assume control of the identified state highway property, as well as the date and time the City of Gordon will relinquish control of such state highway property to the State of Nebraska.  In addition, the City of Gordon shall provide beginning and ending locations for the highway closure including sufficient area for the placement of advance warning and/or detour signing, and include sufficient time for the City of Gordon to prepare and later clean the property prior to returning possession back to the State of Nebraska, and;
WHEREAS, LB 589/N.R.S §39-1359 dictates that if a special event includes any portion of the State of Nebraska Highway System, the City of Gordon shall, if a claim is made against the State of Nebraska, indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney’s fess, that may arise as a result of the special event; and
NOW, THEREFORE, BE IT RESOLVED, that said Parade Route and road Closure referred to hereinabove is hereby adopted.  That the governing body of the City of Gordon acknowledges and accepts all duties set out in LB 589/N.R.S §39-1359, subsection (2) and accepts that the City of Gordon shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability including reasonable attorney’s fees, that may arise as a result of the event and such Parade Route and Road Closure is accepted by the City of Gordon and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER EVANS MOVED THAT THE PARADE ROUTE BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BOUNOUS. UPON ROLL CALL, COUNCIL MEMBER(S) BOUNOUS, EVANS, MORGAN, AND SHETLER VOTING “AYE”, AND NO COUNCIL MEMBER(S) VOTING “NAY”, THE VICE-MAYOR DECLARED THE FOREGOING PARADE ROUTE PASSED AND ADPOPTED THIS 12th  DAY OF JULY, 2012.
/S/ JOSEPH SHETLER
VICE-MAYOR
ATTEST:
/S/ KIM BUCHAN
CITY CLERK
Motion by Morgan, seconded by Bounous, to approve Ordinance 1137. Ayes: Evans, Morgan, Shetler, and Bounous.
ORDINANCE NO. 1137
AN ORDINANCE OF THE CITY OF GORDON, NEBRASKA, CREATING A CITY BOARD OF HEALTH; PROVIDING FOR APPOINTMENT OF THE BOARD; PROVIDING POWERS AND DUTIES OF THE BOARD; PROHIBITING NUISANCES WITHIN THE CITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GORDON, NEBRASKA, AS FOLLOWS:
SECTION 1:  MEMBERS. The City Council shall appoint a Board of Health which shall consist of five members: the mayor, chief of police, city manager, a physician or health care provider and one citizen willing to serve on such board.  Such physician or health care provider shall be the board’s medical advisor. The mayor shall act as chairman and the chief of police shall serve as secretary and quarantine officer. The board members shall serve one-year terms of office, unless reappointed. A majority of the board shall constitute a quorum. (Neb. Rev. Stat. §17-121)
SECTION 2:  POWERS AND DUTIES. The Board of Health shall enact rules and regulations, which shall have the force and effect of law, to safeguard the health of the people of the City, may enforce them, and may provide fines and punishments for the violation thereof. The board shall have power to and shall make all needful rules and regulations relating to matters of sanitation of such city, including the removal of dead animals, the sanitary condition of the streets, alleys, vacant grounds, stockyards, cattle and hog pens, wells, cisterns, stables, and all buildings and places not specified where filth, nuisances, or offensive matter is kept or is liable to or does accumulate. It may regulate, suppress, and prevent the occurrence of nuisances and enforce all laws of the state and ordinances of the city relating to the same or to matters of sanitation of such city. The board shall also have control of hospitals, dispensaries, places for treatment of sick, and matters relating to the same under such restrictions and provisions as may be provided by city ordinance. It shall keep a record of all matters transacted at its meetings and all actions taken by it, which records shall be filed with the city clerk and be part of the public records of the City. (Neb. Rev. Stat. §17-121)
SECTION 3:  DEPOSITING OR PERMITTING DEPOSIT OR ACCUMULATION OF ANY SUBSTANCE DETRIMENTAL TO HEALTH OR OFFENSIVE TO SMELL;  PENALTY. It shall be unlawful for any person to deposit or permit the deposit or accumulation of any garbage, refuse of any kind or article or thing which is detrimental to health or from which obnoxious or offensive odors arise on the streets, alleys or public grounds or on any private premises, including enclosures in which livestock is kept. Any person who violates this section and shall fail to remove such objectionable substances or otherwise comply with the orders of the Board of Health with reference thereto within 24 hours from the receipt of written notice thereof, upon conviction shall be fined in a sum not to exceed $500.00 for each offense, and the offensive matter shall be ordered removed by or at the expense of the defendant. Each 24-hour failure to comply with the orders of the Board of Health shall constitute a separate and distinct offense.
SECTION 4:  All ordinances or parts of ordinances in conflict herewith be and  hereby are repealed.
SECTION 5:  This ordinance shall be effective from and after its passage, publication and approval as provided by law.
Dated this 12th day of July, 2012
CITY OF GORDON, NEBRASKA
/s/ Joseph Shetler
Vice - Mayor
ATTEST:
/s/ Kim Buchan
City Clerk
Motion by Morgan, seconded by Evans, to waive second and third readings of Ordinance 1137. Ayes: Morgan, Shetler, Bounous, and Evans.
City Manager Fred Hlava reviewed with council the NE Department of Economic Development’s current efforts to come into compliance with federal regulations regarding CDBG Revolving Loan Funds. Currently, they are asking cities to either return these funds or be subject to a compliance review. At this time, the City of Gordon does not have any revolving loan funds, so this issue will not affect our community. However, many communities in Nebraska will have to comply with the NE Department of Economic Development.
Panhandle RC&D has requested that the City of Gordon budget $5,000 for their program. After some discussion, motion by Bounous, seconded by Morgan, to write a letter in support of the Panhandle RC&D’s efforts and to inform them that the city is not currently in a financial position to budget or commit to financial assistance to their organization. Ayes: Shetler, Bounous, Evans, and Morgan.
Council was presented with a map showing the proposed route for the Heartland Highway. Currently the route will go west of Chadron. Council discussed the effect this highway had on Kimball’s economy and expressed concern that it may effect Chadron in the same way.
Chief Jeff Brewer and Officer Clay Heath were present to introduce to council Scott L Downing as our newest full-time Gordon Police Officer. He will be replacing Officer Darren Huff, who has taken a captain’s position in Kimball, NE. Vice-Mayor swore in Officer Scott Downing and welcomed him to the Gordon Police Department. Chief Brewer expressed his confidence in Officer Downing and felt that he would be a long-term asset for the community.
Motion by Bounous, seconded by Evans, to go into executive session at 6:40 to discuss real estate negotiations. Ayes: Evans, Morgan, Shetler, and Bounous.
The council reconvened in regular session at 6:56, with no action taken, motion by Bounous, seconded by Morgan to adjourn. Ayes: Shetler, Evans, and Morgan, and Bounous.
/s/ Kim Buchan
City Clerk
/s/ Joseph Shetler
Vice-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 c\done by the Mayor and Council on July 12, 2012; 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 have been extracted were in written form 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: July 18, 2012