Hay Springs City Council Minutes May 10, 2016


Call to Order:  Mayor Richard McKay called the Regular Meeting of the Hay Springs City Council to order at 7:02 p.m.  Council persons Jim Varvel, Luke Marcy, Marcella Hale and Keith Kearns were present.  City Attorney Jamian Simmons was present.  It was noted that the Open Meetings Act is posted.

Minutes Approval:  Varvel made motion, Marcy seconded to approve the minutes from the April 12, 2016 Regular Meeting.  All voted aye.  Motion carried.

Agenda Approval:  Varvel made motion, Marcy seconded to approve the agenda for May 10, 2016 meeting. All voted aye.  Motion carried. 


Pool Improvement Committee:  Jim Varvel reported that there is a scheduled walk through on Friday the 20th and that the golf tournament was successful.  The total figure of the proceeds was not determined.  The grand opening is scheduled for May 31st.         

Pool Payment Application #5 Approval:  Varvel explained the total cost was #323,199.70 and that Payment Application #5 is in the amount of #48,520.17. Hale made motion, Marcy seconded to approve Payment Application #5 in the amount of $48,520.17.  All voted aye.  Motion carried.   

Pool Board Members Appointed:  Mayor Richard McKay recommended the following people for the pool board:  Sandy Heesacker, Jesse Anderson, Heather Housh and Kayla Heiting.  It was noted that it is only a four member board.  Varvel Made motion, Marcy seconded to accept the nominees as members of the board.  All voted aye.  Motion carried. 

After Hours Pool Usage Rated:  A need to think about rates for after regular hour usage of the pool was discussed with no definitive answer.  Current rates are just for the daily operation.  It was noted that there were eight lifeguards hired.  It was commented by Jamian Simmons that the City can set policy and guidelines for such.  

Pool Equipment:  It was brought the Mayors attention that the pool board and others would like to have some tables and chairs be placed in the corners for extra seating area.  It was decided that to procure two round tables, ADA standard, with chairs as well as two benches w/o back, all green in color.  Marcy made motion, Varvel seconded to go ahead with the purchase of 2 ADA tables and 2 six foot benches without backs. All voted aye.  Motion carried.  

Sidewalk Replacement at 200 N. Miller:  The City would have to publish an ordinance of vacating the right to the sidewalk, and that any other property owners that would have a change in the property values because of the City would have to pay them the difference.  The Assessor’s office indicated that it would not change the values.  Jamian Simmons indicated that it would take another meeting before vacating would be in effect for the sidewalk on the Southeast section of 200 N. Miller.  Kearns made motion, Marcy seconded to vacate said sidewalk section.  All voted aye.  Motion carried.  Jamian will prepare the proper papers and present them at the next meeting.  

Burial Sites:  In 1984 Joseph Heiting purchased a space for five grave sites in which two of his sons were buried.  In the process of preparation to bury Joseph, the site for him contained the remains of another person, which was not known about at the time of sale of the lot.  The location for Bubs was closed up and Bubs was laid to rest across the alley, which reduced the drive through area of the cemetery.  The location of 45 2W did not reveal that there was anyone buried there in any of the five plots within the lot.  Because of this discovery, the Heitings were traded three spots across the alley where Bubs was laid to rest.  The issue brought up was that the Heitings want Bubs moved to where he was to be originally.  This requires the notification of next of kin in order to accomplish this in a legal way.  Arrangements to make the move have been set up, but until we can get the legal go ahead from all parties involved we can do nothing.  The cost to move Joseph Heiting from his current resting spot to the family plot is $150.00. Because it is a vault, it takes special equipment to move it and equipment has been offered to do so.  Jamian will be looking further into it and the issue will be discussed at the June meeting.  

Cemetery Map Approval:  Discussion of the cemetery map and burying in the spaces between plots led to the realization that burials should only be in the areas designated to be actual plots that can be immediately identified and recorded with a deed.  Kearns made motion, Hale seconded to approve the current cemetery map as presented and have it filed with the courthouse for proper recording of the deeds to the plots with the strict stipulation that no sites will be sold between plots at any time in the future with an ordinance drown up by the City attorney.  All voted aye.  Motion carried.  

North 1st and Chambers Curb/Street Cost Share:  Buettners have done some work for the Avery’s and the curb has been removed and or repaired accordingly.  It was asked if the City would consider sharing the cost of the repairs needed to the curb.  The cost share has been done in the past, but it was stated by the attorney that we have ordinances that should be followed.  No action taken.

Special Consideration for RV Park:  Berlinda and Paula came to ask special leasing arrangement for the RV Park because she loves it here and intends to become a permanent resident in the future.  The parties’ intent is to not have to move it out of the park when she is not there.  She is asking that she is able to leave it with consideration of a special fee over a year’s time.  Hale made motion, Varvel seconded to put a lease agreement together for a period of one year in the amount of $100.00/month and when not is use, the owner is fully responsible for any and all winterizing and or other needs and that the City is not responsible at any time.  All voted aye.  Motion carried.    

Public concerns:  Tina and the lagoon complaints that the pivot is in need of repair.  Jim Varvel states that we need to get the lease agreement updated and finalized.  Odey Ray sent a word of that’s for the mowing of the area at the end of her street and stated it was the best it has looked in a long while.      

Department reports were heard:  George – Streets:  Helped with the mowing; Read water meters; kept tabs on the clinic and pool progress;  City hall will be without power for a short period of time next Wednesday while they move some of the wiring for the clinic.  It would have been done this week but wrong supplies were ordered.  Street patching will begin in the near future;  Aaron - Water: Mowed grass areas; Did water meter  readings; checked on the pool progress; reported that one of the mowers is down and needs repair; planted some new trees in the RV Park – trees were on sale at Bomgaars in Chadron; Replaced two water meters and sprayed the ball fields.  Preparing for sanitary survey;   Lesa – Clerk/Treasurer:  No report.  Lesa has been coming in on Monday’s to help keep things caught up.  Marlene has been coming in to help out when she can.  Managed four service orders.;  Krystyn Turman - Pioneer Manor:   Krystyn reported that they were low on staff, getting professional staff; Started wellness program.  Permission to work on Cowboy Trail.  Painting the parking lot, which will be done when the school and Lister Sage parking lots are getting done.  ;   Jim Varvel –Finance:  Nothing to report at this time; Keith Kearns – SWANN:  Rates were discussed for dumpsters.  The question was asked about the metal and iron that is accumulating at the dumps as to what they were doing about it.  The answer was that the metal prices are down and this it is not cost effective to haul it away; Jim Varvel – Lister-Sage:  October 1st has been set as the date of October Fest.  The lighting will all be replaced with LED lighting this summer; Richard McKay – Mayor:  Spent a lot of time discussing issues with cemetery problem.  Checked on the progress of the pool and the clinic.  Interviewed three of five applicants who applied for the City Clerk position and wrote recommendation based on current applicants.  Helped where needed by the employees and checked on the ponds.  


PADD Update:  Nothing new to report.  Will provide an update at the next meeting.. 

Water Loss Report:  Water loss report indicates a 44% loss this month. Aaron states that he had not had time to clarify accuracy.    

Follow-Up on Lagoon:  Nothing new to report, but concerned that a letter needs to be written to keep DEQ aware that we are working on the needed repairs.  Richard will get in touch with Dave Coe to accomplish.  

Hospital/Clinic Remodel:  Previously discussed.

RV Park:  Previously discussed.  


Claims Approval:  Questions regarding milling and grass seed were addressed.  Varvel made motion, Marcy seconded to approve claims as submitted. All voted aye.  Motion carried. 

American Funds $393.94; Assurant $228.42; Blue Cross $1804.74; Bluff’s Sanitary $215.73; Bomgaars $281.42; Buettner Construction $796.00; Dean Huckfeldt $300.00; Dennis Tuchek $33.50; EFTPS $2236.79; EMC 3039.74;Farmer’s $61.98; Fuller  $123341.97; Great Plains $277.52; Hip Hop $55.25;  Issac Hughes $53.81; Judy Hiles $53.74; Hay Springs Lumber $1126.04;  Ideal $37.90; J7L Grocery $16.42; KCSR $50.00; Lawson $607.25; MARC $373.00; MCI $60.97; Michael Todd $433.40; Mindy Milliken $23.32;  NDOR $834.27; Ne Pub Health $497.00; Nebraska Total Office $342.09; Norms Napa $155.03; NWCA $210.00; NPPD $3225.75; Northwest Pipe $52.95;  Northwest Rural $298.84; One Call $7.56; Pioneer Research $633.90; Postmaster $152.95; Radiant Heating $221.46;  Sackers $97.25; Sandhills News $56.00; Nicole Sherburne $120.00; Petty Cash $21.83; Postmaster $153.30; Roger Dotson $30.09; Scott DeCoste $30.57; Security First Bank $1567.95; Shawna Wiepen $11.10; Smith King & Simmons $582.40; SourceGas $711.22; Stephen Pummel $53.81; SWANN $6781.07; Utility Service Co. $676.83;WestCo $957.71.

Treasurer’s Report Approval:  Varvel made motion, Kearns seconded to approve April Treasurers Report. All voted aye.  Motion carried.

Pool Board:  Discussed earlier in this meeting.

Fire Department:  Jami Simmons sent them a letter.  Marcy is not opposed to separated entities, but the town is to be provided EMS and proper protection for the community.    

Ordinance Manuel:  Set a date for the approval of and ordinance at the June meeting.  He will present the updated manual and a copy of the ordinance and resolution for the acceptance of the new manual

Healthy Lung Resolution #16-01:  The resolution was read by Luke Marcy.  Varvel made motion, Marcy seconded to approve the resolution as read. Hale and Varvel voted aye.  Marcy and Kearns voted nay.  Mayor McKay voted aye to break the tie.  Motion carried

City Accounts Usage:  There was discussion on what certain City accounts are being used for projects.   Varvel made motion, Kearns seconded  that the Medical Clinic would be paid for out of the Community Development Fund and the Pool upgrade project would be paid out of the General Fund.  All voted aye.  Motion carried 

Resignation:  The resignation for Lesa Merrill was read by Mayor Richard McKay.  Her last day of work will be May 16th  Kearns made motion, Hale seconded to accept the resignation with regrets.  All voted aye.  Motion carried.  

Executive Session:   Varvel made motion, Hale seconded to enter into executive session at 9:04 p.m. for legal and professional matters and to protect reputations of those involved.  All voted aye.  Motion carried.

Varvel made motion, Marcy seconded to exit executive session at 9:30 p.m.  All voted aye.  Motion carried.

Varvel made motion, Kearns seconded to extend the City Clerk position to May 20, 2016 and complete all interviews.  All voted aye.  Motion carried.

Items for next meeting were discussed.

There being no further business, Kearns made motion, Marcy seconded to adjourn at 9:39 p.m.  All voted aye.  Motion carried 

Richard E. McKay


Keith Kearns

Board Member

Published: May 25, 2016